22AObjectives of Part

22A Objectives of Part The objectives of this Part are to provide for therapeutic interventions that— (a) advance the welfare of persons who are vulnerable to violent extremism, including by providing support services to persons to address psychological, behavioural or social needs that may increase their susceptibility to being recruited, radicalised or influenced by ideologies or associations that advocate or employ violence for political, religious or ideological ends; and (b) advance the welfare of persons who are radicalising towards violent extremism, including by— (i) preventing persons who are radicalising towards violent extremism from radicalising further; and (ii) connecting, or reconnecting, those persons with the community and positive support networks; and (c) by doing so, protect the community from the threat of violent extremism. S. 22AB inserted by No. 47/2021 s. 6. 22AB Definitions ***appropriate registrar***, for a court, means the registrar for that court or at the proper venue of the court; (a) in relation to a support and engagement order made by the Magistrates' Court (or an application in respect of such an order), that Court; and (b) in relation to a support and engagement order made by the Children's Court (or an application in respect of such an order), that Court; ***CVE MAP*** means the panel established by section 22AR; ***extremist material*** has the meaning given by section 22AC; ***information sharing entity*** means an entity— (a) that is prescribed; or (b) that is of a class that is prescribed— for the purposes of this definition; S. 22AB def. of *key person* inserted by No. 9/2025 s. 10(2). ***key person*** means a person referred to in section 22AM(2A); ***member of the CVE MAP*** means a person appointed to the CVE MAP under section 22AT, 22AU or 22AV; S. 22AB def. of *mental health professional* substituted as *mental health and wellbeing professional* by No. 2/2024 s. 41(3). ***mental health and wellbeing professional*** means— (a) a registered psychologist within the meaning of the **Mental Health and Wellbeing Act 2022**; or (b) a psychiatrist within the meaning of that Act; or (c) any other mental health and wellbeing professional within the meaning of that Act; ***participant*** has the meaning set out in section 22AD; ***program provider*** has the meaning set out in section 22AE; ***proper venue***— (a) in relation to a proceeding in the Magistrates' Court, has the meaning given by section 3(1) of the **Magistrates' Court Act 1989**; and (b) in relation to a proceeding in the Children's Court, has the meaning given by section 3(1) of the **Children, Youth and Families Act 2005**; ***prospective participant*** has the meaning given by section 22AF; ***radicalising towards violent extremism*** has the meaning given by section 22AG; ***referred person*** means a person about whom a referral has been made under section 22BH but not yet accepted or refused under section 22BJ; ***respondent*** has the meaning given by section 22AH; ***support and engagement order*** has the meaning given by section 22AI; ***support and engagement plan*** has the meaning given by section 22AJ; ***supported person*** means a person in respect of whom a support and engagement order is in force; ***therapeutic purpose*** has the meaning given by section 22AK; ***underlying cause*** of a person's radicalisation towards violent extremism has the meaning given by section 22AL; S. 22AB def. of *voluntary case management plan* amended by No. 9/2025 s. 10(1). ***voluntary case management plan*** has the meaning given by section 22AM; S. 22AB def. of *vulnerable to violent extremism* inserted by No. 9/2025 s. 10(2). ***vulnerable to violent extremism*** has the meaning given by section 22AGA. S. 22AC inserted by No. 47/2021 s. 6. 22AC Meaning of *extremist material* (1) For the purposes of this Part, ***extremist material*** means— (a) material that a reasonable person would understand to be— (i) directly or indirectly encouraging, glorifying, promoting or condoning a terrorist act; or (ii) seeking support for, or justifying, the carrying out of a terrorist act; or (b) material that a reasonable person would suspect has been produced or distributed by a terrorist organisation (within the meaning of Division 102 of the Criminal Code of the Commonwealth). (2) For the purposes of subsection (1)(a)(i) and (ii), it does not matter whether a particular terrorist act is or can be identified in or from the material. (3) Despite subsection (1), a publication, film or computer game that is classified, within the meaning of the **Classification (Publications, Films and Computer Games) (Enforcement) Act 1995**, with a classification other than RC is not ***extremist material*** for the purposes of this Part. S. 22AD inserted by No. 47/2021 s. 6. 22AD Meaning of *participant* For the purposes of this Part— S. 22AD(a) substituted by No. 9/2025 s. 11. (a) a person is a ***participant*** if— (i) the person has given informed consent under section 22BO(1); or (ii) one of the person's parents or guardians has given informed consent under section 22BO(2); and (b) the person ceases to be a ***participant*** once the voluntary case management plan that was in force in respect of them ceases to be in force. S. 22AE inserted by No. 47/2021 s. 6. 22AE Meaning of *program provider* (1) For the purposes of this Part, ***program provider*** means a person who— (a) provides a participant or a supported person with a service specified in a voluntary case management plan or a support and engagement plan; or (b) administers a program specified in a voluntary case management plan or a support and engagement plan as a program in which a participant or a supported person is to participate; or (c) is engaged (whether as an employee, a volunteer or otherwise)— (i) by an entity that does a thing described in paragraph (a) or (b); and (2) For the purposes of this Part, a program provider is a program provider ***in respect of*** another person if the provider— (a) provides that other person with a service as described in subsection (1)(a); or (b) administers a program in which that other person is to participate as described in subsection (1)(b); or (c) is engaged, as described in subsection (1)(c)— (i) by an entity that does a thing described in paragraph (a) or (b); and S. 22AF inserted by No. 47/2021 s. 6. 22AF Meaning of *prospective participant* For the purposes of this Part, a person is a ***prospective participant*** if— (a) a referral in respect of that person has been accepted under section 22BJ; and S. 22AF(b) substituted by No. 9/2025 s. 12(1). (b) informed consent has not yet been given by— (i) the person under section 22BO(1); or (ii) one of the person's parents or guardians under section 22BO(2); and S. 22AF(c) substituted by No. 9/2025 s. 12(2). (c) the Secretary has not yet advised the CVE MAP that attempts to obtain informed consent have failed. S. 22AG inserted by No. 47/2021 s. 6. 22AG Meaning of *radicalising towards violent extremism* (1) For the purposes of this Part, ***radicalising towards violent extremism*** means the process of coming to support the commission of an act that falls within section 4(2), and does not fall within section 4(3), as a means of— (a) advancing a political, religious or ideological cause; or (b) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or (c) intimidating the public or a section of the public. (2) A person may be ***radicalising towards violent extremism*** for the purposes of this Part even though they have not— (a) identified or considered a particular act— (i) that is of the kind described in subsection (1); and (ii) that they are in the process of coming to support as a means of doing a thing described in subsection (1)(a), (b) or (c); or (b) done an act in preparation for, or in the planning of, a terrorist act; or (c) possessed or had under their control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or (d) committed an offence. (3) A behaviour engaged in with any of the following intentions may, in certain circumstances, indicate that the person engaging in that behaviour is ***radicalising towards violent extremism***— (a) the intention of advancing a political, religious or ideological cause; or (b) the intention of coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or (c) the intention of intimidating the public or a section of the public. (4) Without limiting subsection (3), any of the following behaviours engaged in with an intention set out in that subsection may, in certain circumstances, indicate that the person engaging in that behaviour is ***radicalising towards violent extremism***— (a) making, collecting, disseminating, endorsing or participating in the production of extremist material; (b) making, disseminating or endorsing— (i) statements expressing hatred, serious contempt, revulsion or severe ridicule of the public or a section of the public; or (ii) statements supportive of the commission of an act that would create a serious risk to the health or safety of the public or a section of the public and does not fall within section 4(3); or (iii) statements of racial or religious vilification— where those statements reflect an intention specified in subsection (3); (c) associating with individuals already radicalised towards violent extremism. (5) For the purposes of subsections (3) and (4), it does not matter whether the behaviour was engaged in by way of an electronic communication within the meaning of the **Electronic Transactions (Victoria) Act** **2000**. S. 22AGA inserted by No. 9/2025 s. 13. 22AGA Meaning of *vulnerable to violent extremism* For the purposes of this Part, ***vulnerable to violent extremism*** means— (a) having psychological, behavioural or social needs that may increase susceptibility to being recruited, radicalised or influenced by ideologies or associations that advocate or employ violence for political, religious or ideological ends; and (i) having or having had attitudes, beliefs or behaviours that demonstrate support for violent extremism; or (ii) associating with an individual who has or has had attitudes, beliefs or behaviours that demonstrate support for violent extremism. S. 22AH inserted by No. 47/2021 s. 6. 22AH Who is a *respondent* to an application? For the purposes of this Part, the ***respondent*** to an application for a support and engagement order is the person in respect of whom it is proposed that the order be made. S. 22AI inserted by No. 47/2021 s. 6. 22AI What is a *support and engagement order*? A ***support and engagement order*** is an order that requires the person in respect of whom it is made to comply with— (a) the support and engagement plan that is attached to the order; and (b) the other conditions imposed on the order. S. 22AJ inserted by No. 47/2021 s. 6. 22AJ What is a *support and engagement plan*? (1) A ***support and engagement plan is a plan*** that— (a) is, or is proposed to be, attached to a support and engagement order; and (b) is designed to achieve a therapeutic purpose for a person who is, or who is proposed to be, a supported person; and (c) for that purpose, sets out the material described in subsections (2) and (3). (2) A ***support and engagement plan*** must set out— (a) the services and programs with which the supported person is required to engage in order to achieve a therapeutic purpose for the person; and **Examples** Example 1 to s. 22AJ(2)(a) amended by No. 2/2024 s. 41(4). 1 Services provided by a mental health and wellbeing professional or a social worker in the practice of their profession. 2 Medical or health services. 3 Drug and alcohol treatment services. 4 Housing services (including services to assist homeless persons). 5 Services provided by a counsellor, therapist or other practitioner to facilitate the making of decisions by or in a family, known as family group conferencing. 6 Employment services. 7 Educational programs. 8 Programs to address social isolation. 9 Programs to address exposure to ideologies that are radical and violent. (b) how often, or when, that engagement must occur. (3) A ***support and engagement plan*** may also set out— (a) required or permissible modes of engagement with those services and programs; and The plan may require that the supported person attend a particular service in person or may permit the person to attend the service remotely. (b) the outcomes that are to constitute satisfactory engagement with those services and programs. (4) Without limiting subsection (3)(b), a support and engagement plan may provide that the completion of a service or program to the satisfaction of the provider of the service or program is to constitute satisfactory engagement with the service or program. S. 22AJ(5) amended by No. 2/2024 s. 41(5). (5) A reference in this Part to a support and engagement plan that ***applies*** to a supported person is a reference to the support and engagement plan that is attached to the support and engagement order that is in force for that supported person. S. 22AK inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 14. 22AK When is a thing done to achieve a *therapeutic purpose*? (1) For the purposes of this Part, a thing is done or designed to achieve a ***therapeutic purpose*** for a person if it is done or designed— (a) in the case of a person who is vulnerable to violent extremism— (i) to address— (A) the underlying causes of the person's vulnerability; and (B) other factors which may make the person more vulnerable; and (ii) by doing so, to reduce the extent to which the person is vulnerable to violent extremism; or (b) in the case of a person who is radicalising towards violent extremism— (i) to address— (A) the underlying causes of the person's radicalisation towards violent extremism; and (B) other factors which may make the person more susceptible to radicalisation; and (ii) by doing so, to have the person become less radicalised towards violent extremism. (2) Without limiting subsection (1)(b), a thing may be done or designed to address the underlying causes of a person's radicalisation towards violent extremism if it provides for the person to be connected with— (a) the community; or (b) a positive support network. S. 22AL inserted by No. 47/2021 s. 6. 22AL Meaning of *underlying cause* of radicalisation towards violent extremism (1) For the purposes of this Part, a thing that is a cause of a person undergoing the process described in section 22AG(1) is an ***underlying cause*** of that person radicalising towards violent extremism. (2) Without limiting subsection (1), in a person's particular circumstances, any of the following things may be an ***underlying cause*** of the person radicalising towards violent extremism— (a) unemployment; (b) the use of drugs or alcohol; S. 22AL(2)(c) amended by No. 2/2024 s. 41(6). (c) mental illness (within the meaning of the **Mental Health and Wellbeing Act 2022**); (d) homelessness; (e) social isolation. (3) Nothing in subsection (2) means that a thing listed in one of that subsection's paragraphs will be or must be, in every case, an ***underlying cause*** of a particular person radicalising towards violent extremism. S. 22AM inserted by No. 47/2021 s. 6. 22AM What is a *voluntary case management plan*? (1) A ***voluntary case management plan*** is a plan that— S. 22AM(1)(a) substituted by No. 9/2025 s. 15(1). (a) is designed to achieve a therapeutic purpose for a person who is, or who is proposed to be, a participant; and S. 22AM(1)(b) amended by No. 9/2025 s. 15(2). (b) for that purpose, sets out the material described in subsection (2). (2) A ***voluntary case management plan*** must set out— S. 22AM(2)(a) substituted by No. 9/2025 s. 15(3). (a) the services and programs with which the participant is to engage in order to achieve a therapeutic purpose for the participant; and **Examples** The services and programs set out in the examples at the foot of section 22AJ(2)(a). (b) how often, or when, that engagement is to occur. S. 22AM(2A) inserted by No. 9/2025 s. 15(4). (2A) For the purposes of subsection (1)(a), a ***voluntary case management plan*** may set out services and programs for any of the following persons to engage in voluntarily— (a) a member of the participant's immediate family; (b) a guardian of the participant; (c) a caregiver of the participant; (d) any other person whose engagement in the service or program the Secretary is satisfied is an appropriate way to achieve a therapeutic purpose for the participant. S. 22AM(3) amended by No. 9/2025 s. 15(5). (3) For the purposes of subsection (1)(a), a ***voluntary case management plan*** may also set out— (a) the ways in which the participant is to engage with those services and programs; and The plan may set out that the person is to attend a particular service in person or may permit the person to attend the service remotely. (b) the outcomes that are to constitute satisfactory engagement with those services and programs. (4) Without limiting subsection (3)(b), a voluntary case management plan may provide that the completion of a service or program to the satisfaction of the provider of the service or program is to constitute satisfactory engagement with the service or program. (5) A reference in this Part to a voluntary case management plan that ***applies*** to a participant, or that is ***in force***, is to be read in accordance with sections 22BR(3) and 22BW(3). Division 2—Functions of the Secretary S. 22AN inserted by No. 47/2021 s. 6. 22AN Functions of Secretary for voluntary case management plans The functions of the Secretary in relation to voluntary case management are the following— (a) to determine, under section 22BJ, whether to approve or refuse referrals for voluntary case management; S. 22AN(b) repealed by No. 9/2025 s. 3(1). (c) to request, under section 22BO, that informed consent be given to voluntary case management and determine when endeavours to obtain that consent have failed; S. 22AN(ca) inserted by No. 9/2025 s. 3(2). (ca) to develop, under section 22BRA, a voluntary case management plan in consultation with the participant; S. 22AN(cb) inserted by No. 9/2025 s. 3(2). (cb) to continuously monitor under section 22BS(3) the extent to which a participant in voluntary case management is engaging with a voluntary case management plan that applies to the participant; S. 22AN(cc) inserted by No. 9/2025 s. 3(2). (cc) to continuously monitor under section 22BS(3) the extent to which a participant in voluntary case management is vulnerable to violent extremism; (d) to review voluntary case management plans under section 22BT; S. 22AN(e) substituted by No. 9/2025 s. 3(3). (e) to vary, under section 22BV, a voluntary case management plan in consultation with the participant; (f) to determine whether to revoke voluntary case management plans under section 22CA; (g) to review the operation of Division 4 from time to time under section 22CE. S. 22AO inserted by No. 47/2021 s. 6. 22AO Secretary may delegate certain functions relating to voluntary case management (1) The Secretary may by instrument delegate any power, duty or function of the Secretary under Division 4 other than the power under section 22CE. (2) A delegation under subsection (1) must be to— S. 22AO(2)(a) amended by No. 9/2025 s. 4(1). (a) if the power being delegated is a power or duty under section 22BO(1), (2) or (3) or under section 22BP— (i) a person employed under Part 3 of the **Public Administration Act 2004** (including such a person who is a member of the CVE MAP); or (ii) any other member of the CVE MAP; or (iii) a police officer; or (iv) a person who is not employed under Part 3 of the **Public Administration Act 2004**; or S. 22AO(2)(b) repealed by No. 9/2025 s. 4(2). (c) otherwise, an employee employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004** who is not a member of the CVE MAP. (3) In delegating a power in accordance with subsection (2)(a)(iv) to a person who is engaged (whether as an employee or otherwise) by one or more entities, the Secretary must specify, in the instrument of delegation, that one of those entities is the home entity for that person for the purposes of Division 6. See section 22EJ. S. 22AO(4) inserted by No. 9/2025 s. 4(3). (4) The Secretary may by instrument delegate the Secretary's power under section 22EQ or 22EQA to a person employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004** who is not a member of the CVE MAP. S. 22AO(5) inserted by No. 9/2025 s. 4(3). (5) For the purposes of subsection (4), the Secretary may delegate the Secretary's power under section 22EQ whether or not the Secretary also delegates any power, duty or function of the Secretary under Division 4 to the same person. S. 22AP inserted by No. 47/2021 s. 6. 22AP Functions of Secretary for support and engagement orders The functions of the Secretary in relation to support and engagement orders are the following— (a) to file in the courts, under section 22CN, reports and proposed support and engagement plans following the making of applications for support and engagement orders; (b) to attend hearings of applications for support and engagement orders when directed to under section 22CP (or to determine who should attend instead); (c) to file in the courts, under section 22CV, reports on each supported person's compliance with, and progress under, their support and engagement order, and any proposed variations to the attached support and engagement plans or the conditions attached to the orders; (d) to attend review hearings when directed to under section 22CW(3) (or to determine who should attend instead); (e) to attend hearings of applications to vary support and engagement orders when directed to under section 22DD (or to determine who should attend instead); (f) to file in the courts, under section 22DL, reports and proposed support and engagement plans following the making of applications for the extension of support and engagement orders; (g) to attend hearings of applications to extend support and engagement orders when directed to under section 22DM (or to determine who should attend instead); (h) to attend hearings of applications to revoke support and engagement orders when directed to under section 22DU (or to determine who should attend instead). S. 22AQ inserted by No. 47/2021 s. 6. 22AQ Secretary may delegate certain functions relating to support and engagement orders The Secretary may, by instrument, delegate any power, duty or function of the Secretary under Division 5. Division 3—The Countering Violent Extremism Multi-Agency Panel S. 22AR inserted by No. 47/2021 s. 6. 22AR Establishment of CVE MAP (1) There is established an advisory panel to be called the Countering Violent Extremism Multi-Agency Panel. (2) The CVE MAP consists of members appointed by the Secretary under sections 22AT, 22AU and 22AV. S. 22AS inserted by No. 47/2021 s. 6. 22AS Functions of CVE MAP The functions of the CVE MAP are the following— S. 22AS(a) substituted by No. 9/2025 s. 5(1). (a) to give advice to the Secretary under section 22BEA(2); S. 22AS(b) substituted by No. 9/2025 s. 5(1). (b) to continuously monitor under section 22BEA(3) the extent to which a participant in voluntary case management is engaging with a voluntary case management plan that applies to the participant; S. 22AS(c) substituted by No. 9/2025 s. 5(1). (c) to continuously monitor under section 22BEA(3) the extent to which a participant in voluntary case management is vulnerable to violent extremism; S. 22AS(d)–(h) repealed by No. 9/2025 s. 5(1). (i) to prepare advice and proposed support and engagement plans for the Secretary under sections 22CN and 22DL; (j) to prepare advice for the Secretary under section 22CV on each supported person's compliance with, and progress under, their support and engagement plan, and any proposed variations; S. 22AS(k) amended by No. 9/2025 s. 5(2). (k) to prepare advice for the Secretary, under section 22CV, on a supported person's compliance with, and progress under, their support and engagement order, and any proposed variations to the attached support and engagement plan or the conditions attached to the order; S. 22AS(l) inserted by No. 9/2025 s. 5(3). (l) to share information in accordance with Division 6. S. 22AT inserted by No. 47/2021 s. 6. 22AT Secretary may appoint departmental staff to CVE MAP The Secretary may, by instrument, appoint as members of the CVE MAP one or more persons employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004**. S. 22AU inserted by No. 47/2021 s. 6. 22AU Secretary may appoint nominated persons to CVE MAP (1) The Secretary may, by instrument, appoint as a member of the CVE MAP a person nominated by a nominating officer if the Secretary considers that the person ought to be a member. (2) A nominating officer may, by notice in writing given to the Secretary, nominate an eligible person for appointment as a member of the CVE MAP. (3) The ***nominating officers*** are— (a) the Chief Commissioner of Police; and (b) the Department Head of each prescribed Department; and (c) the Administrative Office Head of each prescribed Administrative Office; and (d) the Commissioner for Corrections. (4) The ***eligible persons*** for each nominating officer are— (a) for the Chief Commissioner of Police—a member of Victoria Police personnel within the meaning of the **Victoria Police Act 2013**; and (b) for the Department Head of a prescribed Department—a person employed in that Department under Part 3 of the **Public Administration Act 2004**; and (c) for the Administrative Office Head of a prescribed Administrative Office—a person employed in that Administrative Office under Part 3 of the **Public Administration Act 2004**; and (d) for the Commissioner for Corrections—a person employed under Part 3 of the **Public Administration Act 2004** for the purposes of the **Corrections Act 1986**. ***Administrative Office*** has the same meaning as in the **Public Administration Act 2004**; ***Administrative Office Head*** has the same meaning as in the **Public Administration Act 2004**; ***Commissioner for Corrections*** means the Commissioner within the meaning of the **Corrections Act 1986**; ***Department*** has the same meaning as in the **Public Administration Act 2004**; ***Department Head*** has the same meaning as in the **Public Administration Act 2004**. S. 22AV inserted by No. 47/2021 s. 6. 22AV Secretary may appoint persons outside public sector to CVE MAP (1) The Secretary may, by instrument, appoint as members of the CVE MAP one or more persons who are not employed under Part 3 of the **Public Administration Act 2004**. (2) In appointing a person under subsection (1) who is engaged (whether as an employee or otherwise) by one or more entities, the Secretary must specify, in the instrument of appointment, that one of those entities is the home entity for that person for the purposes of Division 6. See section 22EJ. S. 22AW inserted by No. 47/2021 s. 6, amended by No. 2/2024 s. 27. 22AW Term of appointment A member of the CVE MAP holds office for the period, not exceeding 3 years, that is specified in the member's instrument of appointment. S. 22AX inserted by No. 47/2021 s. 6. 22AX Members are eligible for reappointment A person who is or has been a member of the CVE MAP is eligible for reappointment. S. 22AY inserted by No. 47/2021 s. 6. 22AY Resignation and removal (1) A member of the CVE MAP ceases to hold office if the member— S. 22AY(1)(a) amended by No. 9/2025 s. 6. (a) resigns by written notice delivered to the Secretary and the chairperson of the CVE MAP; or (b) is removed from office by the Secretary under subsection (3) or (5). (2) A member of the CVE MAP appointed following a nomination under section 22AU ceases to hold office if the member ceases to be an eligible person in relation to the nominating officer who made the nomination. (3) The Secretary may remove a member of the CVE MAP from office. (4) A nominating officer may, by written notice, request that the Secretary remove from the CVE MAP a member who was appointed following a nomination made by that officer. (5) The Secretary must remove a member of the CVE MAP from office if requested to do so under subsection (4). ***eligible person*** has the same meaning as in section 22AU; ***nominating officer*** has the same meaning as in section 22AU. S. 22AYA inserted by No. 2/2024 s. 16. 22AYA Acting appointments—departmental staff (1) The Secretary, by instrument, may appoint a person employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004** to act in the place of a member of the CVE MAP appointed under section 22AT during any period when that member is— (a) absent; or (b) for any other reason, unable to attend meetings of the CVE MAP or otherwise unable to perform the duties of the office. (2) An appointment under subsection (1) is for the period specified in the instrument of appointment. See also section 41AA of the **Interpretation of Legislation Act 1984** regarding acting appointments. S. 22AYB inserted by No. 2/2024 s. 16. 22AYB Acting appointments—nominated persons (1) A nominating officer, by written notice given to the Secretary, may nominate an eligible person to act in the place of a member of the CVE MAP appointed under section 22AU following a nomination by that nominating officer. (2) If the Secretary considers that the eligible person ought to act in the place of the member referred to in subsection (1), the Secretary, by instrument, may appoint that eligible person to act in the place of the member during any period when that member is— (a) absent; or (b) for any other reason, unable to attend meetings of the CVE MAP or otherwise unable to perform the duties of the office. (3) An appointment under subsection (1) is for the period specified in the instrument of appointment. ***eligible person*** has the same meaning as in section 22AU; ***nominating officer*** has the same meaning as in section 22AU. See also section 41AA of the **Interpretation of Legislation Act 1984** regarding acting appointments. S. 22AZ inserted by No. 47/2021 s. 6. 22AZ Chairperson and deputy chairperson (1) The Secretary must, by instrument— (a) appoint one member of the CVE MAP to be the chairperson; and (b) appoint one member of the CVE MAP to be the deputy chairperson. (2) The deputy chairperson must act as chairperson during any period when— (a) the office of chairperson is vacant; or (b) the chairperson is, for any reason, unable to perform the duties of the office. The deputy chairperson must also preside at meetings in certain circumstances—see section 22BC. (3) While the deputy chairperson is acting as chairperson, the deputy chairperson has and may exercise all the powers, and must perform all the duties and functions, of the chairperson. (4) A person appointed as chairperson or deputy chairperson ceases to hold that office on ceasing to be a member of the CVE MAP. S. 22B inserted by No. 47/2021 s. 6. 22B CVE MAP may regulate its own procedure Subject to this Act, the CVE MAP may regulate its own procedure. S. 22BA inserted by No. 47/2021 s. 6, substituted by No. 2/2024 s. 28. 22BA CVE MAP to act by resolution An act that the CVE MAP is empowered to do is to be done by a resolution of the CVE MAP made— (a) at a meeting of the CVE MAP; or (b) without a meeting in accordance with section 22BCA. S. 22BB inserted by No. 47/2021 s. 6. 22BB Meetings of CVE MAP (1) The CVE MAP is to meet at the times and places that are fixed by the chairperson. (2) A quorum of the CVE MAP consists of a majority of the members of the CVE MAP. (3) A question arising at a meeting is determined by a majority of votes. S. 22BB(4) substituted by No. 2/2024 s. 29. (4) Subject to section 22BD(1)— (a) each member of the CVE MAP has a deliberative vote on a question arising at a meeting; and (b) in the case of an equality of votes, the person presiding at the meeting has a second or casting vote. S. 22BC inserted by No. 47/2021 s. 6. 22BC Person who is to preside at meetings of the CVE MAP (1) The chairperson is to preside at a meeting of the CVE MAP at which they are present. (2) If the chairperson is, or is to be— (a) absent from a meeting of the CVE MAP; or S. 22BC(2)(b) amended by No. 2/2024 s. 30. (b) precluded, under section 22BD(1), from presiding at a meeting of the CVE MAP during deliberations on a particular matter— the deputy chairperson is to preside. (3) If both the chairperson and the deputy chairperson are, or are to be— (a) absent from a meeting of the CVE MAP; or S. 22BC(3)(b) amended by No. 2/2024 s. 30. (b) precluded, under section 22BD(1), from presiding at a meeting of the CVE MAP during deliberations on a particular matter— a member elected by the members present at the meeting must preside. S. 22BCA inserted by No. 2/2024 s. 31. 22BCA Resolutions without meetings (1) The CVE MAP may determine— (a) that it may make a specified resolution, or a resolution of a specified class, without a meeting; and (b) a method by which members are to cast votes on that resolution or a resolution of that class. (2) A resolution is made in accordance with this section if— (a) the resolution is specified, or of a class specified, in a determination under subsection (1)(a); and (b) all members of the CVE MAP have been informed of the resolution, or reasonable efforts have been made to inform members of the resolution; and (c) there are a majority of votes in favour of the resolution; and (d) those votes are cast in accordance with the method determined under subsection (1)(b). (3) Subject to section 22BD(1)— (a) each member of the CVE MAP has a deliberative vote on the resolution; and (b) in the case of an equality of votes, the chairperson has a second or casting vote. (4) The chairperson of the CVE MAP must ensure that a record is kept of resolutions made without a meeting. S. 22BD inserted by No. 47/2021 s. 6, substituted by No. 2/2024 s. 32. 22BD Conflicts of interest (1) If a member of the CVE MAP has a conflict of interest in respect of a matter, the member— (a) does not have a vote in respect of the matter; and (b) must not preside at a meeting of the CVE MAP during deliberations on that matter; and (c) must not propose a resolution in respect of that matter that is to be made without a meeting in accordance with section 22BCA; and (d) must not inform members of the CVE MAP, under section 22BCA(2)(b), of a resolution that is to be made without a meeting in respect of that matter. (2) However, the member of the CVE MAP need not absent themselves from a meeting of the CVE MAP during deliberations on that matter. S. 22BDA inserted by No. 2/2024 s. 17. 22BDA CVE MAP member may appoint representative for meeting S. 22BDA(1) amended by No. 9/2025 s. 7(1). (1) If a member of the CVE MAP specified in Column 2 of the following Table will not attend a meeting of the CVE MAP for any reason, the member may appoint a person specified in Column 3 opposite that member to represent the member's home entity at the meeting of the CVE MAP. | *Column 1* <br>*Item* | *Column 2*<br>*Member of the CVE MAP* | *Column 3*<br>*Person who may be appointed as a representative* | | 1 | A member of the CVE MAP appointed under section 22AT | A person employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004** | | 2 | A member of the CVE MAP appointed under section 22AU following a nomination by the Chief Commissioner of Police | A member of Victoria Police personnel | | 3 | A member of the CVE MAP appointed under section 22AU following a nomination by a Department Head | A person employed in the Department of that Department Head under Part 3 of the **Public Administration Act 2004** | | 4 | A member of the CVE MAP appointed under section 22AU following a nomination by an Administrative Office Head | A person employed in the Administrative Office of that Administrative Office Head under Part 3 of the **Public Administration Act 2004** | | 5 | A member of the CVE MAP appointed under section 22AU following a nomination by the Commissioner for Corrections | A person employed under Part 3 of the **Public Administration Act 2004** for the purposes of the **Corrections Act 1986** | | 6 | A member of the CVE MAP appointed under section 22AV for whom a home entity has been specified in the member's instrument of appointment under section 22AV(2) | A person engaged (whether as an employee or otherwise) by that home entity | S. 22BDA(1A) inserted by No. 9/2025 s. 7(2). (1A) A member of the CVE MAP who appoints a representative under subsection (1) must notify the chairperson of the CVE MAP of the appointment in writing before the meeting. S. 22BDA(2) amended by No. 9/2025 s. 7(3). (2) A notification under subsection (1A) must specify— (a) the meeting of the CVE MAP for which the appointment is made; and (b) the date on which the appointment commences, which must not be earlier than 3 weeks before that meeting; and (c) the date on which the appointment expires, which must not be later than 3 weeks after that meeting. S. 22BDA(3) amended by No. 9/2025 s. 7(4). (3) A representative may attend and participate in the meeting of the CVE MAP specified in the notice given under subsection (1A). (4) Nothing in this section has the effect that a representative— S. 22BDA (4)(a) amended by No. 9/2025 s. 7(5). (a) is to be counted as a member for the purposes of determining whether there is a quorum of the CVE MAP at the meeting specified in the notice given under subsection (1A); or (b) has a vote on any question arising at that meeting; or (c) may participate in the making of a resolution of the CVE MAP without a meeting in accordance with section 22BCA. ***home entity*** has the meaning given by section 22EJ(1); ***representative*** means a person appointed under subsection (1). Division 4—Voluntary case management S. 22BE inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 16. 22BE Object of Division The object of this Division is to facilitate the engagement, on a voluntary basis, of a person who is vulnerable to violent extremism with services and programs in order to achieve a therapeutic purpose for the person. S. 22BEA inserted by No. 9/2025 s. 17. 22BEA Secretary may request advice from CVE MAP (1) For the purposes of performing a function or exercising a power under this Division, the Secretary may direct the CVE MAP to give the Secretary any advice requested by the Secretary. (2) The CVE MAP must give the Secretary the advice requested under subsection (1). (3) Without limiting subsection (1), the CVE MAP, for the purposes of advising the Secretary under subsection (2), must continuously monitor— (a) a participant's engagement with the voluntary case management plan that applies to the participant; and (b) the extent to which a participant is vulnerable to violent extremism. S. 22BF inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 18. S. 22BG inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 19. Subdivision 2—Referral to Secretary S. 22BH inserted by No. 47/2021 s. 6. 22BH Referral to Secretary by Chief Commissioner of Police S. 22BH(1) substituted by No. 9/2025 s. 20(1). (1) The Chief Commissioner of Police may refer a person to the Secretary for voluntary case management in accordance with this Division if satisfied that— (a) there is reason to believe that the person in respect of whom the referral is to be made is vulnerable to violent extremism; and (b) a voluntary case management plan is an appropriate way to achieve a therapeutic purpose for the person. See also sections 22AGA and 22AK. S. 22BH(2)(3) repealed by No. 9/2025 s. 20(1). (4) A referral under subsection (1) must— (a) be in writing; and S. 22BH(4)(b) amended by No. 9/2025 s. 20(2). (b) be accompanied by a report that explains why the Chief Commissioner of Police is satisfied of the matters set out in subsection (1)(a) and (b). (5) The Chief Commissioner of Police must not refer a person to the Secretary under subsection (1) if the person is under 10 years of age. (6) The Chief Commissioner of Police may, by instrument, delegate the power to make a referral under subsection (1) to a police officer who is of or above the rank of Inspector. S. 22BI inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 21. S. 22BJ inserted by No. 47/2021 s. 6. 22BJ Secretary to decide whether to accept referral (1) On a referral under section 22BH, the Secretary must determine whether to accept the referral in accordance with this section. (2) The Secretary may accept the referral if satisfied that— S. 22BJ(2)(a) amended by No. 9/2025 s. 22(1). (a) the referred person is vulnerable to violent extremism; and S. 22BJ(2)(b) substituted by No. 9/2025 s. 22(2). (b) the making of a voluntary case management plan for the referred person is an appropriate way to achieve a therapeutic purpose for the person. S. 22BJ(3) repealed by No. 9/2025 s. 22(3). (4) Otherwise, the Secretary must refuse the referral. (5) In determining the referral, the Secretary must have regard to— (a) the report that accompanied the referral under section 22BH(4)(b); and S. 22BJ(5)(b) substituted by No. 9/2025 s. 22(4). (b) any advice of the CVE MAP given in respect of the referral. S. 22BJ(6) substituted by No. 9/2025 s. 22(5). (6) As soon as practicable after accepting or refusing a referral, the Secretary must give written notice of the acceptance or refusal to the CVE MAP. S. 22BK inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 23. S. 22BL inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 24. S. 22BM inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 25. Subdivision 3—Requesting consent for case management S. 22BN inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 26. S. 22BO inserted by No. 47/2021 s. 6. 22BO Request for consent to case management S. 22BO(1) substituted by No. 9/2025 s. 27(1). (1) Before developing a voluntary case management plan under section 22BRA, the Secretary must ask the prospective participant to give informed consent, in writing, to case management. S. 22BO(2) substituted by No. 9/2025 s. 27(2). (2) If the prospective participant is under 18 years of age and in the Secretary's professional judgement cannot give informed consent, the Secretary must also ask a parent or guardian to give informed consent, in writing, to case management. S. 22BO(2A) inserted by No. 9/2025 s. 27(3). (2A) For the purposes of subsection (2), a prospective participant cannot give informed consent if the prospective participant cannot— (a) understand the information relevant to the decision to give consent and the effect of the decision to give consent; or (b) retain that information to the extent necessary to make the decision to give consent; or (c) use or weigh that information as part of the process of making the decision to give consent; or (d) communicate the decision to give consent and the person's views and needs relating to the decision, in some way, whether by speech, gestures or other means. (3) A person gives informed consent to case management if they give that consent after the Secretary informs them, in language they are likely to understand— (a) that there is no requirement to become a participant; and S. 22BO(3)(b) substituted by No. 9/2025 s. 27(4). (b) what a voluntary case management plan may require or permit the prospective participant to do if they become a participant; and (c) what is permitted under Division 6 in relation to information about the prospective participant if they become a participant; and (d) the purposes for which those things are permitted; and (e) the ability of, and process for, the person to withdraw consent at any time; and S. 22BO(3)(f) amended by No. 9/2025 s. 27(5). (f) the consequences (if any) for the prospective participant if, having become a participant, consent is withdrawn or they cease to comply with the plan. S. 22BO(3)(g) repealed by No. 9/2025 s. 27(6). S. 22BO(4) repealed by No. 9/2025 s. 27(7). (5) The Secretary may make multiple requests that a person give informed consent, including after such a request has been refused. (6) If— S. 22BO(6)(a) amended by No. 9/2025 s. 27(8). (a) the prospective participant is under 18 years of age; and (b) one of the prospective participant's parents or guardians is asked, under subsection (2), to give informed consent; and (c) the parent or guardian refuses that request— the Secretary may make a request under subsection (2) to another of the prospective participant's parents or guardians. S. 22BO(7) amended by No. 9/2025 s. 27(9). (7) However, the Secretary must not make a request for informed consent in respect of a prospective participant more than 90 days after the first request is made in respect of that participant. S. 22BP inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 28. 22BP Endeavours to obtain informed consent (1) The Secretary must record the date and outcome of each endeavour to obtain informed consent in respect of a prospective participant as soon as practicable after each endeavour. (2) The Secretary must notify the CVE MAP that the endeavour to obtain informed consent in respect of a person who was a prospective participant has failed if— (a) 90 days have passed since the first endeavour to obtain informed consent; and (b) informed consent in respect of that person has not been given. S. 22BQ inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 29. S. 22BR inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 30. Subdivision 4—Case management S. 22BRA inserted by No. 9/2025 s. 31. 22BRA Secretary to develop voluntary case management plan in consultation with participant (1) Subject to subsection (2), as soon as practicable after receiving the informed consent of a participant, the Secretary in consultation with the participant must develop a voluntary case management plan for the participant. (2) If a parent or guardian of the participant gave informed consent, the Secretary must develop a voluntary case management plan for the participant in consultation with— (a) the parent or guardian; and (b) if the Secretary considers that it is appropriate to do so, the participant. (3) A voluntary case management plan may provide for a key person in relation to the participant to engage voluntarily in services and programs set out in the plan. (4) The Secretary must be satisfied that a case management plan developed under this section is an appropriate way to achieve a therapeutic purpose for the participant. S. 22BRB inserted by No. 9/2025 s. 31. 22BRB Commencement and provision of voluntary case management plan (1) In developing a voluntary case management plan the Secretary must— (a) specify in the plan— (i) the day from which the plan operates; and (ii) the period for which the plan operates; and (b) give a copy of the plan to— (i) the participant; and (ii) any other person who gave consent under section 22BO(2) in respect of the participant. (2) For the purposes of this Part, the voluntary case management plan given to the participant under subsection (1)(b)— (a) is ***in force*** on and after the day it is given to the participant and until— (i) it expires; or (ii) it is varied or revoked; or (iii) the participant (or a person who gave consent under section 22BO(2) in respect of the participant) withdraws consent in accordance with section 22BX; and (b) while in force, is the voluntary case management plan that applies to the participant. S. 22BS inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 32. 22BS Information about critical events (1) The Secretary must notify the CVE MAP as soon as practicable after the Secretary determines that— (a) a voluntary case management plan is no longer justified for a participant because that participant is no longer vulnerable to violent extremism; or (b) a voluntary case management plan that applies to a participant is no longer an appropriate way to achieve a therapeutic purpose for the participant; or (c) a participant has for a period of at least 28 days ceased to engage with the services and programs set out in the voluntary case management plan that applies to them in accordance with that plan; or (d) the informed consent given by the participant in accordance with section 22BO has been withdrawn in accordance with Subdivision 6; or (e) if the participant is under 18 years of age, any informed consent given by a parent or guardian in accordance with section 22BO has been withdrawn in accordance with Subdivision 6. (2) Without limiting subsection (1), the Secretary may determine that a voluntary case management plan that applies to a participant may no longer be an appropriate way to achieve a therapeutic purpose for the participant on the basis of a reduction in the participant's engagement with the services and programs set out in the plan. (3) The Secretary must continuously monitor— (a) a participant's engagement with the voluntary case management plan that applies to the participant; and (b) the extent to which a participant is vulnerable to violent extremism— for the purposes of the Secretary making a determination under subsection (1). S. 22BT inserted by No. 47/2021 s. 6. 22BT Reviews of voluntary case management plans (1) The Secretary may conduct a review in order to determine— (a) the extent to which the participant is complying with the voluntary case management plan that applies to them; and (b) the extent to which the programs and services under the plan are addressing the needs of the participant; and S. 22BT(1)(c) amended by No. 9/2025 s. 33(1). (c) the extent to which the participant is still vulnerable to violent extremism; and (d) whether the participant would benefit from further programs and services. S. 22BT(2)(3) repealed by No. 9/2025 s. 33(2). (4) A review under subsection (1) may be conducted at any time as determined by the Secretary. (5) In addition to reviews under subsection (1) that are conducted at the times determined by the Secretary, the Secretary must conduct a review under that subsection in respect of a participant who is under 18 years of age— (a) within six months after the day specified in the voluntary case management plan that applies to the participant under section 22BR(1)(a)(i) or 22BW(1)(b)(i) (as the case requires); and (b) no later than six months after the completion of the review conducted in accordance with paragraph (a). Subdivision 5—Variation of plan during case management S. 22BU inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 34. S. 22BV inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 35. 22BV Secretary may vary voluntary case management plan in consultation with participant (1) Subject to subsection (2), the Secretary may, in consultation with a participant, vary the participant's voluntary case management plan. (2) If a parent or guardian of the participant gave informed consent, the Secretary must vary the voluntary case management plan for the participant in consultation with— (a) the parent or guardian; and (b) if the Secretary considers that it is appropriate to do so, the participant. (3) A voluntary case management plan may provide for a key person in relation to the participant to engage voluntarily in services and programs set out in the plan. (4) The Secretary must be satisfied that a case management plan developed under this section is an appropriate way to achieve a therapeutic purpose for the participant. (5) Without limiting this section, the Secretary may vary a voluntary case management plan following— (a) a determination under section 22BS(1) in relation to that plan; or (b) a review under section 22BT(1). S. 22BW inserted by No. 47/2021 s. 6. 22BW Commencement and provision of varied voluntary case management plan S. 22BW(1) substituted by No. 9/2025 s. 36(1). (1) If the Secretary varies a participant's voluntary case management plan under section 22BV, the Secretary must— (a) specify in the plan— (i) the day from which the plan (as varied) operates; and (ii) the period for which the plan (as varied) operates; and (b) give a copy of the plan (as varied) to— (i) the participant; and (ii) any other person who gave consent in respect of the participant. S. 22BW(2) repealed by No. 9/2025 s. 36(2). (3) For the purposes of this Part, the voluntary case management plan given to the participant under subsection (1)(c)— (a) is ***in force*** on and after the day it is given to the participant and until— (i) it expires; or (ii) it is varied or revoked; or S. 22BW (3)(a)(iii) amended by No. 9/2025 s. 36(3). (iii) the participant (or a person who gave consent in respect of the participant) withdraws consent in accordance with section 22BX; and (b) while in force, is the voluntary case management plan that ***applies*** to the participant. Subdivision 6—Withdrawal of consent S. 22BX inserted by No. 47/2021 s. 6. 22BX Informed consent may be withdrawn S. 22BX(1) amended by No. 9/2025 s. 37(1). (1) A participant, or any other person who has given informed consent in accordance with section 22BO, may withdraw that consent at any time. (2) The withdrawal of consent must be by way of a communication to— (a) a person who is a program provider in respect of the participant; or S. 22BX(2)(b) substituted by No. 9/2025 s. 37(2). (b) a person employed in the Department of Justice and Community Safety and whose name is specified in the participant's voluntary case management plan for this purpose. (3) The communication may be oral or written. S. 22BY inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 38. 22BY Program provider who receives withdrawal of consent must notify specified departmental staff member As soon as practicable after a program provider receives a communication referred to in section 22BX(2)(a), the program provider must notify a person employed in the Department of Justice and Community Safety and whose name is specified in the participant's voluntary case management plan for this purpose. S. 22BZ inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 39. Subdivision 7—Revocation of voluntary case management plan by Secretary S. 22C inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 40. S. 22CA inserted by No. 47/2021 s. 6. 22CA Secretary may revoke voluntary case management plan S. 22CA(1) substituted by No. 9/2025 s. 41(1). (1) The Secretary may revoke a voluntary case management plan at any time. (2) Without limiting subsection (1), the Secretary may revoke a voluntary case management plan under that subsection following— S. 22CA(2)(a) substituted by No. 9/2025 s. 41(2). (a) a determination under section 22BS(1) in relation to that plan; or (b) a review under section 22BT; or S. 22CA(2)(c) amended by No. 9/2025 s. 41(3). (c) the Chief Commissioner of Police informing the Secretary of reasons relating to law enforcement that support the conclusion that a voluntary case management plan is no longer an appropriate way to reduce the extent to which the participant is vulnerable to violent extremism. S. 22CA(3) amended by No. 9/2025 s. 41(4). (3) On revoking a voluntary case management plan under subsection (1), the Secretary must notify the CVE MAP in writing. S. 22CB inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 42. Subdivision 8—Expiry of voluntary case management plan S. 22CC inserted by No. 47/2021 s. 6, amended by No. 9/2025 s. 43. 22CC Expiry of voluntary case management plan at end of plan A voluntary case management plan expires at the end of the period that is specified in the plan under section 22BRB(1)(a)(ii) or 22BW(1)(a)(ii) (as the case requires). S. 22CD inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 44. Subdivision 9—Review S. 22CE inserted by No. 47/2021 s. 6. 22CE Secretary may review operation of Division (1) The Secretary may from time to review the operation of this Division. (2) The Secretary may give a copy of a review under subsection (1) to the Minister. S. 22CF inserted by No. 47/2021 s. 6. 22CF Independent review after first 3 years (1) The Minister must cause a review of the operation of this Division to be undertaken. (2) The review must commence no later than 2 September 2025. (3) The review must assess the effectiveness of the voluntary case management of persons in accordance with this Division, having regard to— (a) the implementation of the scheme provided for by this Division; and (b) how the provisions in this Division relating to obtaining informed consent have operated; and (c) how effective and adequate programs and services specified in voluntary case management plans have been at— (i) mitigating the extent to which participants are at risk of radicalising towards violent extremism; or S. 22CF (3)(c)(ia) inserted by No. 9/2025 s. 45. (ia) reducing the extent to which participants are vulnerable to violent extremism; or (ii) achieving a therapeutic purpose for participants; and (d) whether voluntary case management in accordance with this Division has had any unintended outcomes; and (e) the outcomes of voluntary case management in accordance with this Division for participants younger than 15 years of age; and (f) the outcomes of voluntary case management in accordance with this Division for participants between 15 and 18 years of age. (4) The review must be undertaken having regard to the views of the community and of relevant entities and independent experts. (5) The review must be completed within 18 months of its commencement. (6) The Minister must ensure that the review is tabled before each House of the Parliament as soon as practicable after it is completed. Division 5—Support and engagement orders S. 22CG inserted by No. 47/2021 s. 6. 22CG Object of Division The object of this Division is to authorise a court to make a support and engagement order requiring a person to engage with services in order to address the underlying causes of that person's radicalisation towards violent extremism. S. 22CH inserted by No. 47/2021 s. 6. 22CH Court proceedings involving children If a court is to hear and determine a matter under this Division in respect of a respondent or supported person who is a child, the court must have regard to— (a) the need to strengthen, preserve and promote positive relationships between the child and the child's parent, family members and persons significant to the child; and (b) the child's social, individual and cultural identity and religious faith (if any); and (c) the child's age, maturity and stage of development; and (d) the importance of allowing the education, training or employment of the child to continue without interruption or disturbance; and (e) the vulnerability of the child, including whether they have a history of trauma, disability or physical or mental illness; and (f) the need to minimise stigma to the child. S. 22CI inserted by No. 47/2021 s. 6. 22CI Court is to make a finding of radicalisation on the basis of the person's behaviour (1) This section sets out how a court is to find, for the purposes of this Division, whether a person is radicalising towards violent extremism. Section 22AG sets out what is meant by ***radicalising towards violent extremism***. (2) The court is to make that finding on the basis of behaviour that the court finds— (a) has been engaged in by the person; and (b) indicates that the person is radicalising towards violent extremism. Section 22AG(3), (4) and (5) describe behaviour that may, in certain circumstances, indicate that a person is radicalising towards violent extremism. (3) The court may— (a) find that a person has engaged in behaviour described in section 22AG(3) or (4); but (b) find that, nonetheless, in the particular circumstances of the case, the behaviour does not indicate that the person is radicalising towards violent extremism. (4) The court may find that a person is radicalising towards violent extremism whether or not the court finds that the person is preparing to commit a terrorist act. S. 22CJ inserted by No. 47/2021 s. 6. 22CJ Standard of proof Any question of fact to be decided by a court under this Division is to be decided on the balance of probabilities. Subdivision 2—Application for support and engagement order S. 22CK inserted by No. 47/2021 s. 6. 22CK Application for support and engagement order (1) Subject to subsection (3), an authorised police officer may apply for a support and engagement order. (2) An application under subsection (1) must be made to— (a) the Magistrates' Court, if the respondent is an adult; or (b) the Children's Court, if the respondent is a child. (3) An authorised police officer must not make an application under subsection (1) if the proposed respondent is— (a) under 14 years of age; or (b) a person who has already been subject to one or more support and engagement orders for a total period of 2 years. (4) The total period referred to in subsection (3)(b) is to be calculated by adding together the lengths of the periods during which the respondent has been subject to support and engagement orders, irrespective of whether or not any of those periods were consecutive. S. 22CL inserted by No. 47/2021 s. 6. 22CL Form and content of application An application under section 22CK must— (i) sets out the grounds on which the applicant considers that the support and engagement order should be made; and (c) specify the length of time for which the applicant considers that the support and engagement order should be in force; and (d) detail the extent to which the respondent has previously engaged voluntarily with Victoria Police to mitigate the extent to which, or the risk that, the respondent is radicalising towards violent extremism; and (e) set out whether the respondent has previously been a participant in voluntary case management; and (f) set out whether endeavours to obtain informed consent in respect of voluntary case management of the respondent have previously failed; and Note to s. 22CL(f) amended by No. 9/2025 s. 46. See section 22BP. (g) set out whether such informed consent has been withdrawn; and See section 22BX. (h) detail each previous application made under section 22CK in respect of the respondent (if any), and the outcome of each such application; and (i) include the prescribed information. S. 22CM inserted by No. 47/2021 s. 6. 22CM Service of application (1) As soon as practicable after an authorised police officer applies for a support and engagement order, the applicant must— (a) serve notice of the application on the respondent in accordance with Subdivision 9; and (2) Notice under subsection (1)(a) must set out the grounds on which the support and engagement order is sought. S. 22CN inserted by No. 47/2021 s. 6. 22CN Secretary to file report and proposed support and engagement plan (1) On receiving, under section 22CM(1)(b), a copy of an application for a support and engagement order, the Secretary must, within a reasonable time, file in the court— (a) a report— (i) that describes the behaviours and needs of the respondent that are relevant to the application; and (ii) if the respondent has previously been a participant under a voluntary case management plan, that describes the participant's engagement with programs and services under that plan; and (b) a proposed support and engagement plan for the respondent. (2) For the purposes of subsection (1)— (a) the Secretary may direct the chairperson of the CVE MAP to give the Secretary advice that— (i) is prepared by the CVE MAP; and (ii) covers the matters that the report under subsection (1)(a) is to describe; and (b) the Secretary may direct the chairperson of the CVE MAP to give the Secretary a proposed support and engagement plan for the respondent that is prepared by the CVE MAP. Subdivision 3—Determination of application for support and engagement order S. 22CO inserted by No. 47/2021 s. 6. 22CO Determination of application (1) On an application for a support and engagement order, the court may make the order if— (a) the court finds, in accordance with section 22CI, that the respondent is radicalising towards violent extremism; and (b) the court is satisfied that the making of a support and engagement order is an appropriate way to achieve a therapeutic purpose for the respondent. Section 22AK explains what it means to achieve a therapeutic purpose for a person. (2) Otherwise, the court must refuse the application. (3) In determining whether to make the support and engagement order, the court must have regard to— (a) whether endeavours to obtain informed consent in respect of voluntary case management of the respondent have previously failed; and Note to s. 22CO(3)(a) amended by No. 9/2025 s. 47. See section 22BP. (b) whether such informed consent has been withdrawn; and See section 22BX. (c) whether the respondent has otherwise previously declined or ceased to voluntarily engage with services and programs of the kind that a support and engagement plan can require a person to engage with; and (d) whether the respondent is likely to continue to be radicalised towards violent extremism if the order is not made; and (e) the frequency and seriousness of the behaviour in respect of which the court made a finding under section 22CI(2); and (f) whether the order is likely to have a significant adverse impact on the respondent; and (g) any other matters the court considers relevant. S. 22CP (Heading) amended by No. 2/2024 s. 33(1). S. 22CP inserted by No. 47/2021 s. 6. 22CP Court may direct person to attend and give evidence S. 22CP(1) amended by No. 2/2024 s. 33(2). (1) The court may direct a person to attend at the hearing of an application for a support and engagement order and give evidence as to— (a) the report given under section 22CN(1)(a); and (b) the proposed support and engagement plan given under section 22CN(1)(b). S. 22CP(2) amended by No. 2/2024 s. 33(3). (2) Subject to subsections (3) and (4), a person who is given a direction under subsection (1) must comply with that direction. S. 22CP(3) amended by No. 2/2024 s. 33(4). (3) If the Secretary is given a direction under subsection (1), the Secretary may determine that a particular member of the CVE MAP is to attend and give evidence, in the Secretary's place, in response to that direction. (a) the direction under subsection (1) is to be taken to require the attendance of the member in respect of whom the determination is made instead of the Secretary; and S. 22CQ inserted by No. 47/2021 s. 6. 22CQ How support and engagement order is to be made (1) In making a support and engagement order, the court must— (a) attach to the order the proposed support and engagement plan given to the court under section 22CN (with any variations that the court thinks fit); and The support and engagement order requires that the person comply with it—see section 22AI(a). (b) specify in the order the period for which the order operates; and (c) specify in the order the days on which the Secretary is required to provide a report in respect of the order under section 22CV. (2) The period specified under subsection (1)(b)— (a) must not be so long that, at the end of that period, the total period during which the supported person will have been subject to a support and engagement order is 2 years or more; and (b) in any event, must not be longer than 1 year. (3) The total period referred to in subsection (2)(a) is to be calculated by adding together the lengths of the periods during which the respondent has been subject to support and engagement orders, irrespective of whether or not any of those periods were consecutive. (4) Nothing in this section requires that, if a court makes a support and engagement order for a supported person who is a child, the period specified under subsection (1)(b) must end on or before the day that the supported person turns 18. S. 22CR inserted by No. 47/2021 s. 6. 22CR Court may attach further conditions on support and engagement order (1) The court may also, in accordance with subsection (2), attach a condition on the support and engagement order if the court considers that— (a) attaching the condition is an appropriate way to achieve a therapeutic purpose for the supported person; and (b) the condition is no more restrictive than is necessary to achieve that purpose. (2) In imposing a condition under subsection (1) on a support and engagement order for a supported person who is a child, the court must have regard to the child's age and vulnerability. (3) Without limiting subsection (1), the court may impose a condition that the supported person— (a) must notify a police officer, specified person, or person of a specified class if they plan to travel; and (b) must provide any of the following information to a police officer, specified person, or person of a specified class— (i) the supported person's phone number; (ii) the supported person's residential address; (iii) the supported person's postal address; (iv) other contact details; and (c) must notify a police officer, specified person, or person of a specified class of any changes to information of a kind described in paragraph (b); and (d) must not contact a specified person or a person of a specified class; and (e) must not access, disseminate or produce extremist material. S. 22CS inserted by No. 47/2021 s. 6. 22CS Duration of support and engagement order (1) A support and engagement order— (a) commences on the day that the supported person is given the order; and (b) unless sooner revoked, ceases to operate at the end of the period specified in the order under section 22CQ(1)(b). (2) Subsection (1)(b) is subject to section 22DK. Section 22DK provides for a support and engagement order to continue to operate while an application for the extension of that order is yet to be determined. S. 22CT inserted by No. 47/2021 s. 6. 22CT Copy of support and engagement order to be given (1) This section applies if a court makes a support and engagement order. (2) The court must arrange for a copy of the order to be given to— (3) If the supported person is a child, the court must arrange for a copy of the order to be given to a parent or guardian of the supported person. Subdivision 4—Compliance with support and engagement order S. 22CU inserted by No. 47/2021 s. 6. 22CU Supported person must comply with support and engagement order made by Magistrates' Court A supported person who is subject to a support and engagement order that was made by the Magistrates' Court, and to whom that order has been given, must not contravene that order without a reasonable excuse. Penalty: 10 penalty units. S. 22CV inserted by No. 47/2021 s. 6. 22CV Secretary must report on progress under support and engagement order (1) At the times specified in a support and engagement order under section 22CQ(1)(c), the Secretary must, within a reasonable time, file in the court a report on— (a) the supported person's compliance with, and progress under, the support and engagement order; and (b) any variations that the Secretary considers should be made to— (i) the support and engagement plan attached to the order; or (ii) the conditions attached to the order in accordance with section22CR. (2) For the purposes of subsection (1), the Secretary may direct the chairperson of the CVE MAP to give the Secretary advice that— (a) is prepared by the CVE MAP; and (b) sets out the CVE MAP's opinion on the matters with respect to which the Secretary is to report to the court under that subsection. (4) Nothing in this section prevents the Secretary from incorporating advice given under subsection (3) in the report given under subsection (1). S. 22CW inserted by No. 47/2021 s. 6. 22CW Court may hold review hearing on receiving report (1) On receiving a report from the Secretary under section 22CV, the court may direct that a review hearing is to be held if, on the basis of the report, the court considers that— (a) the supported person may not be satisfactorily complying with or progressing under the support and engagement order; or (b) varying or extending the order, or varying the support and engagement plan attached to the order, may be an appropriate way to achieve a therapeutic purpose for the supported person; or (c) it may be appropriate to revoke the support and engagement order. (2) As soon as practicable after the court directs that a review hearing is to be held, the appropriate registrar must serve notice of the hearing, in accordance with Subdivision 9, on— (b) the Chief Commissioner of Police. S. 22CW(3) amended by No. 2/2024 s. 34(1). (3) The court may direct a person to attend at the review hearing and give evidence as to the supported person's compliance with, and progress under, the support and engagement order. S. 22CW(4) amended by No. 2/2024 s. 34(2). (4) Subject to subsections (5) and (6), a person who is given a direction under subsection (3) must comply with that direction. S. 22CW(5) amended by No. 2/2024 s. 34(3). (5) If the Secretary is given a direction under subsection (3), the Secretary may determine that a particular member of the CVE MAP is to attend and give evidence, in the Secretary's place, in response to that direction. (6) If the Secretary makes a determination under subsection (5)— (a) the direction under subsection (3) is to be taken to be directed to the member in respect of whom the determination is made instead of the Secretary; and S. 22CX inserted by No. 47/2021 s. 6. 22CX Court must review conditions at review hearing (1) At a review hearing for a support and engagement order to which conditions were attached in accordance with section 22CR, the court must consider, for each condition, whether— (a) that condition remains an appropriate way to achieve a therapeutic purpose for the supported person; and (b) the condition is no more restrictive than is necessary to achieve that purpose. (2) If the court considers that a condition does not accord with subsection (1), the court must either— (a) vary the condition so that it does accord with that subsection; or (b) revoke the condition. S. 22CY inserted by No. 47/2021 s. 6. 22CY Court may vary, extend or revoke support and engagement order at review hearing (1) At the review hearing, the court may do any of following things if satisfied that it is appropriate to do so in order to achieve a therapeutic purpose for the supported person— (a) vary the support and engagement order; (b) vary the support and engagement plan attached to the order; (c) extend the order. (2) Without limiting subsection (1)(a), the court may vary the support and engagement order by imposing a condition on it in accordance with section 22CR. See section 22CX in relation to the review of conditions already attached to the order. (3) If the court decides to extend the support and engagement order, it is to do so by changing the period for which the order is to operate. Section 22CQ(1)(b) requires that this period be specified in the order. (4) The extension of a support and engagement order— (a) must not result in the period of the order exceeding 2 years; or (b) must not be so long that, at the end of the extended period, the total period during which the supported person will have been subject to a support and engagement order is 2 years or more. S. 22CY(5) amended by No. 2/2024 s. 41(8). (5) The total period referred to in subsection (4)(b) is to be calculated by adding together the lengths of the periods during which the respondent has been subject to support and engagement orders, irrespective of whether or not any of those periods were consecutive. (6) At the review hearing, the court may revoke the support and engagement order if— (a) the court— (i) finds, in accordance with section 22CI, that the supported person is no longer radicalising towards violent extremism; or (ii) is not satisfied that a support and engagement order remains an appropriate way to achieve a therapeutic purpose for the supported person; and (b) the court is satisfied that it is appropriate to revoke the order. (7) In considering whether to revoke the support and engagement order, the court must have regard to— (a) whether each of the following persons supports or opposes the proposed revocation, and the grounds on which they do so— (i) the supported person; (ii) the Chief Commissioner of Police; (iii) the Secretary; and (b) whether the order is an appropriate way to achieve a therapeutic purpose for the supported person; and (c) the protection of the community; and (d) any other factor that the court considers relevant. S. 22CZ inserted by No. 47/2021 s. 6. 22CZ Copy of varied or extended order or plan to be given (1) This section applies if, at a review hearing, the court— (a) varies or extends the support and engagement order; or (b) varies the support and engagement plan attached to the order. (2) The court must arrange for a copy of the varied or extended order, or the varied plan, to be given to— (3) If the supported person is a child, the court must arrange for a copy of the varied or extended order, or the varied plan, to be given to a parent or guardian of the supported person. S. 22D inserted by No. 47/2021 s. 6. 22D Commencement of variation A variation made under section 22CY to a support and engagement order or a support and engagement plan takes effect when the varied order or plan is given to the supported person. Subdivision 5—Variation of support and engagement order S. 22DA inserted by No. 47/2021 s. 6. 22DA Application for variation of support and engagement order An authorised police officer, or a supported person, may apply to the court for— (a) a variation of a support and engagement order (other than a variation that would extend the order); or (b) a variation of the support and engagement plan attached to the order. For extension of a support and engagement order, see Subdivision 6. S. 22DB inserted by No. 47/2021 s. 6. 22DB Form and content of application An application under section 22DA must— (i) sets out the grounds on which the applicant considers that the order or plan should be varied; and (c) include the prescribed information. S. 22DC inserted by No. 47/2021 s. 6. 22DC Service of application (1) As soon as practicable after a person makes an application under section 22DA, the person must— (a) serve notice of the application, in accordance with Subdivision 9, on— (i) if the application is made by an authorised police officer, the supported person; or (ii) if the application is made by the supported person, the Chief Commissioner of Police; and (2) Notice under subsection (1) must set out the grounds on which variation of the support and engagement order is sought. S. 22DD (Heading) amended by No. 2/2024 s. 35(1). S. 22DD inserted by No. 47/2021 s. 6. 22DD Court may direct person to attend and give evidence S. 22DD(1) amended by No. 2/2024 s. 35(2). (1) The court may direct a person to attend at the hearing of an application under section 22DA and give evidence as to the supported person's compliance with, and progress under, the support and engagement order. S. 22DD(2) amended by No. 2/2024 s. 35(3). (2) Subject to subsections (3) and (4), a person who is given a direction under subsection (1) must comply with that direction. S. 22DD(3) amended by No. 2/2024 s. 35(4). (3) If the Secretary is given a direction under subsection (1), the Secretary may determine that a particular member of the CVE MAP is to attend and give evidence, in the Secretary's place, in response to that direction. (a) the direction under subsection (1) is to be taken to require the attendance of the member in respect of whom the determination is made instead of the Secretary; and S. 22DE inserted by No. 47/2021 s. 6. 22DE Determination of application (1) On an application under section 22DA, the court may vary the support and engagement order, or the support and engagement plan attached to the order, if satisfied that it is an appropriate way to achieve a therapeutic purpose for the supported person. Section 22AK explains what it means to achieve a therapeutic purpose for a person. (2) Without limiting subsection (1), the court may vary the support and engagement order by imposing a condition in accordance with section 22CR. (3) If the application seeks the variation of one or more conditions that were attached in accordance with section 22CR, the court must consider, for each variation— (a) whether the condition as varied would be an appropriate way to achieve a therapeutic purpose for the supported person; and (b) whether the condition as varied would be no more restrictive than is necessary to achieve that purpose. (4) If the court considers that a variation sought in the application does not satisfy the criteria set out in subsection (3)(a) and (b), the court must either— (a) make a different variation that does accord with those criteria; or (b) decline to vary the condition. (5) If the application seeks the revocation of one or more conditions that were attached in accordance with section 22CR, the court must consider, for each revocation sought— (a) whether the condition remains an appropriate way to achieve a therapeutic purpose for the supported person; and (b) whether the condition is no more restrictive than is necessary to achieve that purpose. (6) If the court considers that a condition does not satisfy the criteria set out in subsection (5)(a) and (b), the court must revoke the condition. S. 22DF inserted by No. 47/2021 s. 6. 22DF Copy of varied order or plan to be given (1) This section applies if a court varies a support and engagement order, or a support and engagement plan, under section 22DE. (2) The court must arrange for a copy of the varied order or plan to be given to— (3) If the supported person is a child, the court must arrange for a copy of the varied order or plan to be given to a parent or guardian of the supported person. S. 22DG inserted by No. 47/2021 s. 6. 22DG Commencement of variation A variation made under section 22DE to a support and engagement order or a support and engagement plan takes effect when the varied order or plan is given to the supported person. Subdivision 6—Extension of support and engagement order S. 22DH inserted by No. 47/2021 s. 6. 22DH Application for extension of support and engagement order (1) Subject to subsection (2), an authorised police officer may apply to the court for extension of a support and engagement order. (2) An application to extend a support and engagement order must not be made after the order has expired. S. 22DI inserted by No. 47/2021 s. 6. 22DI Form and content of application An application under section 22DH must— (i) sets out the grounds on which the applicant considers that the support and engagement order should be extended; and (c) specify the period for which the applicant wants the order to be extended; and (d) include the prescribed information. S. 22DJ inserted by No. 47/2021 s. 6. 22DJ Service of application on supported person (1) As soon as practicable after an authorised police officer makes an application under section 22DH, the officer must— (a) serve notice of the application on the supported person in accordance with Subdivision 9; and (2) Notice under subsection (1) must— (a) set out the grounds on which the extension of the support and engagement order is sought; and (b) explain the effect of section 22DK. S. 22DK inserted by No. 47/2021 s. 6. 22DK Order continues until application is determined (1) If the period of operation of a support and engagement order ends while an application to extend that order is pending, the order does not cease to have effect at the end of that period. (2) Despite subsection (1), if, on any day while an application is pending, the total period during which the supported person has been subject to a support and engagement order reaches 2 years— (a) the order ceases to have effect on that day; and (b) the application to extend the order is taken to have been refused on that day. (3) If, on or after the specified end date for a support and engagement order, the court refuses an application to extend the order, the order ceases to operate on and after the day on which the application is refused. (4) For the purposes of this section— (a) an application to extend a support and engagement order is ***pending*** if the application has been made but has not yet been determined; and (b) the ***specified end date*** for a support and engagement order is the day that is the end of the period specified in the order under section 22CQ(1)(b). S. 22DL inserted by No. 47/2021 s. 6. 22DL Secretary to file report and revised support and engagement plan (1) On receiving, under section 22DJ(1)(b), a copy of an application for the extension of a support and engagement order, the Secretary must, within a reasonable time, file in the court a report that— (a) details the supported person's compliance with, and progress under, the support and engagement order; and (b) if the Secretary considers that a new support and engagement plan ought to be attached to the order, is accompanied by a proposed new plan that the Secretary considers would be an appropriate way of achieving a therapeutic purpose for the respondent. (2) For the purposes of subsection (1), the Secretary may direct the chairperson of the CVE MAP to give the Secretary advice that— (a) is prepared by the CVE MAP; and (b) sets out the CVE MAP's opinion on the supported person's compliance with, and progress under, the support and engagement plan; and (c) if the CVE MAP is of the opinion that a new support and engagement plan ought to be attached to the order, is accompanied by a proposed new plan that the CVE MAP considers would be an appropriate way of achieving a therapeutic purpose for the supported person. (4) Nothing in this section— (a) prevents the Secretary from— (i) relying on the CVE MAP's opinion described in subsection (2)(b) for the purposes of subsection (1)(a); or (ii) incorporating that advice in the report given under subsection (1); or (b) prevents the Secretary from adopting a proposed new support and engagement plan given under subsection (3) as the plan the Secretary may give under subsection (1)(b). S. 22DM (Heading) amended by No. 2/2024 s. 36(1). S. 22DM inserted by No. 47/2021 s. 6. 22DM Court may direct person to attend and give evidence S. 22DM(1) amended by No. 2/2024 s. 36(2). (1) The court may direct a person to attend at the hearing of an application under section 22DH and give evidence as to the supported person's compliance with, and progress under, the support and engagement plan. S. 22DM(2) amended by No. 2/2024 s. 36(3). (2) Subject to subsections (3) and (4), a person who is given a direction under subsection (1) must comply with that direction. S. 22DM(3) amended by No. 2/2024 s. 36(4). (3) If the Secretary is given a direction under subsection (1), the Secretary may determine that a particular member of the CVE MAP is to attend and give evidence, in the Secretary's place, in response to that direction. (a) the direction under subsection (1) is to be taken to require the attendance of the member in respect of whom the determination is made instead of the Secretary; and S. 22DN inserted by No. 47/2021 s. 6. 22DN Determination of application (1) On an application under section 22DH, the court may extend the support and engagement order in accordance with this section if— (a) the court finds, in accordance with section 22CI, that the supported person is still radicalising towards violent extremism; and (b) the court is satisfied that extending the order is an appropriate way to achieve a therapeutic purpose for the supported person. (2) Otherwise, the court must refuse the application. S. 22DO inserted by No. 47/2021 s. 6. 22DO Determination of application—how period to be extended (1) A court that grants an application under section 22DH to extend a support and engagement order is to do so by varying the period for which the order is to operate. Section 22CQ(1)(b) requires that this period be specified in the order. (2) The extension of a support and engagement order— (a) must not result in the period of the order exceeding 2 years; or (b) must not be so long that, at the end of the extended period, the total period during which the supported person will have been subject to a support and engagement order is 2 years or more. (3) The total period referred to in subsection (2)(b) is to be calculated by adding together the length of the extended period, and the lengths of the other periods during which the respondent has been subject to support and engagement orders, irrespective of whether or not any of those other periods were consecutive. (4) Nothing in this section requires that, if a court extends a support and engagement order for a supported person who is a child, the period as extended must end on or before the day that the supported person turns 18. S. 22DP inserted by No. 47/2021 s. 6. 22DP Determination of application—attachment of new support and engagement plan If— (a) on an application under section 22DH, the court decides to extend a support and engagement order; and (b) under section 22DL(1), the Secretary gave the court a proposed new support and engagement plan in respect of that application— the court may attach to the order, in place of the previous support and engagement plan, the new plan given by the Secretary (with any modifications that the court thinks fit). S. 22DQ inserted by No. 47/2021 s. 6. 22DQ Copy of extended order to be given (1) This section applies if a court extends a support and engagement order under section 22DN. (2) The court must arrange for a copy of the extended order to be given to— (3) If the supported person is a child, the court must arrange for a copy of the extended order to be given to a parent or guardian of the supported person. Subdivision 7—Revocation of support and engagement order S. 22DR inserted by No. 47/2021 s. 6. 22DR Application for revocation of support and engagement order An authorised police officer, or a supported person, may apply to the court for revocation of a support and engagement order. S. 22DS inserted by No. 47/2021 s. 6. 22DS Form and content of application An application under section 22DR must— (i) sets out the grounds on which the applicant considers that the support and engagement order should be revoked; and (c) include the prescribed information. S. 22DT inserted by No. 47/2021 s. 6. 22DT Service of application (1) As soon as practicable after a person makes an application under section 22DR, the person must— (a) serve notice of the application, in accordance with Subdivision 9, on— (i) if the application is made by an authorised police officer, the supported person; or (ii) if the application is made by the supported person, the Chief Commissioner of Police; and (2) Notice under subsection (1) must set out the grounds on which revocation of the support and engagement order is sought. S. 22DU (Heading) amended by No. 2/2024 s. 37(1). S. 22DU inserted by No. 47/2021 s. 6. 22DU Court may direct person to attend and give evidence S. 22DU(1) amended by No. 2/2024 s. 37(2). (1) The court may direct a person to attend at the hearing of an application under section 22DR and give evidence as to the supported person's compliance with, and progress under, the support and engagement order. S. 22DU(2) amended by No. 2/2024 s. 37(3). (2) Subject to subsections (3) and (4), a person who is given a direction under subsection (1) must comply with that direction. S. 22DU(3) amended by No. 2/2024 s. 37(4). (3) If the Secretary is given a direction under subsection (1), the Secretary may determine that a particular member of the CVE MAP is to attend and give evidence, in the Secretary's place, in response to that direction. (a) the direction under subsection (1) is to be taken to require the attendance of the member in respect of whom the determination is made instead of the Secretary; and S. 22DV inserted by No. 47/2021 s. 6. 22DV Determination of application (1) On an application under section 22DR, the court must revoke the support and engagement order to which the application relates if both the applicant and— (a) if the applicant is an authorised police officer, the supported person; or (b) if the applicant is the supported person, the Chief Commissioner of Police— agree that the order should be revoked. (2) If there is no such agreement, the court may revoke the support and engagement order if— (a) the court— (i) finds, in accordance with section 22CI, that the supported person is no longer radicalising towards violent extremism; or (ii) is not satisfied that a support and engagement order remains an appropriate way to achieve a therapeutic purpose for the supported person; and (b) the court is satisfied that it is appropriate to revoke the order. (3) In considering whether to revoke the support and engagement order under subsection (2), the court must have regard to— (a) the grounds on which the applicant considers that the support and engagement order should be revoked; and (b) the grounds on which the respondent opposes revocation; and (c) whether the order remains an appropriate way to achieve a therapeutic purpose for the supported person; and (d) the protection of the community. S. 22DW inserted by No. 47/2021 s. 6. 22DW Notice of revocation to be given (1) This section applies if a court revokes a support and engagement order. (2) The court must arrange for a written notice of the revocation to be given to— (a) the former supported person; and (3) If the former supported person is a child, the court must arrange for a written notice of the revocation to be given to a parent or guardian of the former supported person. ***former supported person*** means the person who was a supported person under the support and engagement order before it was revoked. Subdivision 8—Appeals S. 22DX inserted by No. 47/2021 s. 6. 22DX Application of Magistrates' Court Act 1989 and Children, Youth and Families Act 2005 (1) If the Magistrates' Court makes an order specified in subsection (3), that order is a final order for the purposes of section 109 of the **Magistrates' Court Act 1989**. (2) If the Children's Court makes an order specified in subsection (3), that order is a final order for the purposes of section 329 of the **Children, Youth and Families Act 2005**. (3) The specified orders are the following— (a) an order made on an application under section 22CK (including a support and engagement order and an order refusing the application); (b) an order doing any of the following things at an SEO review hearing— (i) varying a support and engagement order; (ii) varying a support and engagement plan; (iii) extending a support and engagement order; (iv) revoking a support and engagement order; (c) an order made on an application under section 22DA (including an order refusing the application); (d) an order made on an application under section 22DH (including an order refusing the application); (e) an order made on an application under section 22DR (including an order refusing the application) other than an order made as required by section 22DV(1). Subdivision 9—Service S. 22DY inserted by No. 47/2021 s. 6. 22DY Service of documents (1) If, by or under this Division, a person is required to serve notice of an application or a hearing on another person, the notice is required to be served by doing any of the following things, or causing any of them to be done— (a) posting, not less than 14 days before the hearing date stated in the notice, a copy of the document addressed to that person at their last known place of residence or business; (b) delivering, not less than 5 days before the hearing date stated in the notice, a copy of the document to that person personally; (c) leaving, not less than 5 days before the hearing date stated in the notice, a copy of the document at that person's last known place of residence or business with a person who apparently— (i) resides or works there; and (ii) is not less than 16 years of age; (d) delivering, not less than 5 days before the hearing date stated in the notice, a copy of the document to that person by means of an electronic communication that is confirmed as having been received by that person; (e) sending by registered post, not less than 14 days before the hearing date stated in the notice, a copy of the document, addressed to the person's authorised legal representative, to that representative's place of business; (f) leaving, not less than 5 days before the hearing date stated in the notice, a copy of the document at that person's authorised legal representative's place of business with a person who apparently— (i) resides or works there; and (ii) is not less than 16 years of age; (g) delivering, not less than 5 days before the hearing date stated in the notice, a copy of the document, addressed to that person's authorised legal representative, to the representative personally; (h) delivering, not less than 5 days before the hearing date stated in the notice, a copy of the document to that person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the representative. (a) by or under this Division a person is required to serve a document; and (b) the service of the document relates to a proceeding in a court; and (c) it appears to the court, by evidence on oath or by affirmation, whether given orally or by affidavit, that service cannot be promptly effected— the court may make an order for substituted service. (3) In this section— ***authorised legal representative*** of a person means a legal representative of the person who has been instructed by the person to accept service on the person's behalf. S. 22DZ inserted by No. 47/2021 s. 6. 22DZ Additional notice to be served regarding children (1) A notice— (a) that a person is required, by or under this Division, to serve; and (b) that is required to be served— (i) on a child; or (ii) on another person because that person is a parent or guardian; and (c) that states that the person on whom it is served is required to attend court— must, when served, be accompanied by a notice that complies with subsection (2). (2) A notice complies with this section if it— (a) states that the child to whom the document relates is required to be legally represented; and (b) explains the desirability of obtaining legal representation; and (c) explains how legal representation may be obtained. S. 22E inserted by No. 47/2021 s. 6. 22E Proof of service (1) Service of a notice in accordance with this Division may be proved by— (a) evidence on oath or by affirmation; or (b) affidavit; or (c) statutory declaration. (2) Evidence of service must identify the notice served and state— (a) the person upon whom service was effected; and (b) the time at which service was effected; and (c) the manner in which service was effected. (3) A notice purporting to be an affidavit or statutory declaration under subsection (1)(b) or (1)(c) is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated in it. S. 22EA inserted by No. 47/2021 s. 6. 22EA Inability to serve (a) a person is required under this Division to serve a document; and (b) it has not been possible to serve the document— the person must file with the court a certificate about why it has not been possible to serve the document. (2) The certificate must— (a) include the prescribed information; and (b) be accompanied by the prescribed documents. (3) A certificate under this section is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated in it. Subdivision 10—Restrictions on publication of proceedings S. 22EB inserted by No. 47/2021 s. 6. 22EB Restriction on publication of proceeding (1) This section applies to— (a) a proceeding— (i) on an application under this Division; or (ii) on an SEO review hearing— whether in the Magistrates' Court or the Children's Court; and (b) a proceeding for an offence against section 22CU. (2) A person must not publish, or cause to be published, a report of the proceeding or about the support and engagement order that contains any of the following things, unless the court orders under section 22EE that the publication is permitted— (a) any particulars likely to lead to the identification of— (i) the supported person; or (ii) any other party to the proceeding; or (iii) any person who gives evidence in the proceeding; (b) if the supported person or any other person involved in the proceeding is a child, the locality or any particulars likely to lead to the identification of the particular venue of the court; (c) a picture of or including— (i) the supported person; or (ii) any other party to the proceeding; or (iii) any person who gives evidence in the proceeding. Penalty: In the case of a natural person, 100 penalty units or 2 years imprisonment or both; In the case of a body corporate, 500 penalty units. S. 22EC inserted by No. 47/2021 s. 6. 22EC Restriction does not affect information sharing Section 22EB(2) does not prevent a disclosure that is made in accordance with Division 6. S. 22ED inserted by No. 47/2021 s. 6. 22ED Identifying particulars For the purposes of this Division, the particulars likely to lead to the identification of a person include, but are not limited to, the following— (a) the person's name, title, pseudonym or alias; (b) the address of any premises at which the person lives or works, or the locality in which the premises are situated; (c) the address of a school attended by the person or the locality in which the school is situated; (d) a physical description of the person; (e) the person's style of dress; (f) any employment or occupation engaged in by the person; (g) any profession practised, or calling pursued, by the person; (h) any official or honorary position held by the person; (i) the relationship of the person to identified relatives of the person or the association of the person with identified friends; (j) identified business, official or professional acquaintances of the person; (k) the person's recreational interests; (l) the person's political, philosophical or religious beliefs or interests; (m) any real or personal property in which the person has an interest or with which the person is associated. S. 22EE inserted by No. 47/2021 s. 6. 22EE Court may permit publication (1) The court may make an order permitting the publication of a locality, particulars or picture only if— (a) the court reasonably considers it is in the public interest to allow the publication of the locality, particulars or picture; and (b) the court reasonably considers it is just to allow the publication in the circumstances. (2) The court must not make an order allowing a publication where to do so would allow a publication contrary to Part 5 or any order made under Part 5. See section 36. Subdivision 11—Legal advice and representation S. 22EF inserted by No. 47/2021 s. 6. 22EF Adjournment to seek legal advice (1) This section applies in relation to the following hearings in the Magistrates' Court— (a) the hearing of an application for a support and engagement order; (b) the hearing of an application for the variation, extension or revocation of a support and engagement order; (c) an SEO review hearing; (d) a hearing in a proceeding for an offence against section 22CU. (2) If the relevant adult is not legally represented at the hearing, the Magistrates' Court may, on its own initiative or on the application of a party at the hearing, adjourn the hearing to give the adult a reasonable opportunity to obtain legal advice. (3) The Magistrates' Court may resume the proceeding if it is satisfied that the relevant adult has had a reasonable opportunity to obtain legal advice, whether or not that advice has been obtained. ***relevant adult*** means— (a) for the hearing of an application for a support and engagement order, the respondent to that application; or (b) for the hearing of an application for the variation, extension or revocation of a support and engagement order, the supported person; or (c) for an SEO review hearing, the supported person; or (d) for a hearing in a proceeding for an offence against section 22CU, the accused. S. 22EG inserted by No. 47/2021 s. 6. 22EG Respondent or supported person must be represented in Children's Court (1) This section applies in relation to the following hearings in the Children's Court— (a) the hearing of an application for a support and engagement order; (b) the hearing of an application for the variation, extension or revocation of a support and engagement order; (c) an SEO review hearing. (2) If the relevant person is not legally represented at the hearing, the Children's Court must adjourn the hearing to enable the relevant person to obtain legal representation. (3) The Children's Court may resume the proceeding if it is satisfied that the relevant person has had a reasonable opportunity to obtain legal representation, whether or not the relevant person is legally represented. (4) A legal practitioner representing the relevant person at the hearing must act in accordance with any instructions given or wishes expressed by the relevant person so far as it is practicable to do so having regard to the maturity of the relevant person. ***relevant person*** means— (a) for the hearing of an application for a support and engagement order, the respondent to that application; or (b) for the hearing of an application for the variation, extension or revocation of a support and engagement order, the supported person; or (c) for an SEO review hearing, the supported person. Division 6—Information sharing S. 22EH inserted by No. 47/2021 s. 6. 22EH Objects of Division The objects of this Division are— (a) to provide a scheme that enables authorised disclosers to collect, use and disclose to each other certain information about— (i) referred persons; and (ii) prospective participants; and (iii) participants; and (iv) respondents to applications for support and engagement orders; and (v) supported persons; and (b) to specify the purposes for which that information may be requested and disclosed; and (c) to specify some of the kinds of information that may be requested and disclosed; and (d) to permit authorised disclosers to disclose information for other purposes in exceptional circumstances; and (e) to specify the circumstances in which that information must not be disclosed; and (f) to regulate the way this information is handled by authorised disclosers. S. 22EHA inserted by No. 2/2024 s. 39. 22EHA Definitions In this Division— ***access***, in relation to information, has the meaning given by section 22EJ(2); ***authorised discloser*** has the meaning given by section 22EJ(1); ***central contact*** means a person appointed under section 22ERA; ***home entity*** has the meaning given by section 22EJ(1); ***prohibited***, in relation to the disclosure of information, has the meaning given by section 22EK; ***purpose that is authorised*** has the meaning given by section 22EM; ***relevant person*** has the meaning given by section 22EM. S. 22EI inserted by No. 47/2021 s. 6. 22EI Information *about* a person A reference in this Division to information that is ***about*** a person includes— (a) that person's health information within the meaning of the **Health Records Act 2001**; and (b) a protection report within the meaning of the **Children, Youth and Families Act 2005** in respect of the person; and (c) a school enrolment notice or a school attendance notice (within the meaning of the **Education and Training Reform Act 2006**) in respect of the person; and (d) information relating to— (i) the person being suspended or expelled from a school; or (ii) the person being refused admission to or continued enrolment in a Government school; or (iii) an investigation under section 2.5.12 of the **Education and Training Reform Act 2006** in respect of the person; and (e) the person's criminal record and information about the person's criminal history; and (f) information produced or held by Victoria Police that relates to the person engaging voluntarily with Victoria Police in relation to the person radicalising towards violent extremism; and S. 22EI(g) amended by No. 2/2024 s. 41(7). (g) an order made in respect of the person under Chapter 4 of the **Mental Health and Wellbeing Act 2022**; and (h) information produced for the purpose of referring the person to the provider of a health service or a social service; and (i) a report produced under Division 3 or 4 in respect of the person; and (j) personal information (within the meaning of the **Privacy and Data Protection Act 2014**) about the person; and (k) sensitive information (within the meaning of Schedule 1 to the **Privacy and Data Protection Act 2014**) about the person; and (l) a unique identifier (within the meaning of Schedule 1 to the **Privacy and Data Protection Act 2014**) assigned to the person. S. 22EJ inserted by No. 47/2021 s. 6. 22EJ *Authorised disclosers* and *access* to information (1) For the purposes of this Division— (a) each person specified in Column 2 of the following Table is an ***authorised discloser***; and (b) if an entity is specified in Column 3 of the following Table opposite an authorised discloser, that entity is the ***home entity*** for that discloser. S. 22EJ(1) (Table) amended by No. 2/2024 ss 18, 19, 26. | *Column 1*<br>*Item* | *Column 2*<br>*Authorised discloser* | *Column 3*<br>*Home entity* | | 1 | The Secretary | The Department of Justice and Community Safety | | 2 | A person to whom the Secretary has delegated a power, duty or function under section 22AO | (a) If the person is employed under Part 3 of the **Public Administration Act 2004**, the public service body (within the meaning of that Act) within which the person is employed; or<br>(b) If the person is a police officer, Victoria Police; or<br>(c) The entity specified in the instrument of delegation under section 22AO(3) | | 2A | A person to whom the Secretary has delegated a power, duty or function under section 22AQ | If the person is employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004**, that Department | | 3 | A member of the CVE MAP appointed under section 22AT | The Department of Justice and Community Safety | | 4 | A member of the CVE MAP appointed under section 22AU following a nomination by the Chief Commissioner of Police | Victoria Police | | 5 | A member of the CVE MAP appointed under section 22AU following a nomination by a Department Head | The Department of that Department Head | | 6 | A member of the CVE MAP appointed under section 22AU following a nomination by an Administrative Office Head | The Administrative Office of that Administrative Office Head | | 7 | A member of the CVE MAP appointed under section 22AU following a nomination by the Commissioner for Corrections | The Department of Justice and Community Safety | | 8 | A member of the CVE MAP appointed under section 22AV | The entity specified in the member's instrument of appointment under section 22AV(2) | | 8A | A representative appointed by a member of the CVE MAP under section 22BDA | That member's home entity | | 8B | A central contact appointed by a member of the CVE MAP under section 22ERA | That member's home entity | | 9 | A person prescribed, or belonging to a class prescribed, with respect to an information sharing entity | The information sharing entity | | 10 | A person referred to in section 22AE(1)(a) or (b) (meaning of ***program provider***) | If the person provides a service, or administers a program, as described in that provision in the course of their engagement (whether as an employee, a volunteer or otherwise) by another entity, that entity | | 11 | A person referred to in section 22AE(1)(c) (meaning of ***program provider***) | The entity described in that provision | (2) For the purposes of this Division, an authorised discloser has ***access*** to information if— (a) that information is held or kept by, or is under the control of, the discloser; or (b) if the discloser has a home entity, that information— (i) is held or kept by or in, or is under the control of, the discloser's home entity; and (ii) is information that the discloser is authorised to receive from the home entity. S. 22EK (Heading) amended by No. 2/2024 s. 40(1). S. 22EK inserted by No. 47/2021 s. 6. 22EK When is the disclosure of information *prohibited*? S. 22EK(1) amended by No. 2/2024 s. 40(2). (1) For the purposes of this Division, the disclosure of information is ***prohibited*** if it would be reasonably likely to— (a) prejudice— (i) the investigation of a contravention or possible contravention of the law; or (ii) the enforcement or proper administration of the law in a particular instance; or (iii) a coronial inquest or inquiry; or (iv) the fair trial of a person or the impartial adjudication of a particular case; or (b) identify, or enable a person to ascertain the identity of, a confidential source of information in relation to the enforcement or administration of the law; or (c) contravene a court order; or (d) disclose methods or procedures for preventing, detecting, investigating or dealing with matters arising out of, contraventions or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or (e) endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law. (2) Additionally, the disclosure of information is also ***prohibited*** for the purposes of this Division if the information would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege. S. 22EL inserted by No. 47/2021 s. 6. 22EL Information need not be disclosed or requested in writing The disclosure or requesting of information under this Division does not need to be done in writing. S. 22EM inserted by No. 47/2021 s. 6. 22EM Relevant persons and authorised purposes For the purposes of this Division— (a) each person specified in Column 2 of the following Table is a ***relevant person***; and (b) each purpose set out in Column 3 opposite that person is a ***purpose that is authorised*** in respect of that person. S. 22EM (Table) amended by Nos 2/2024 s. 38, 9/2025 s. 48. | *Column 1*<br>*Item* | *Column 2*<br>*Relevant persons* | *Column 3*<br>*Authorised purposes* | | 1 | A referred person | (a) The purpose of facilitating the preparation of advice about the referred person requested by the Secretary under section 22BEA<br>(b) The purpose of informing the decision of whether or not to accept the referral under section 22BJ | | 2 | A prospective participant | (a) The purpose of facilitating the preparation of advice requested by the Secretary under section 22BEA about consent to be given in relation to the prospective participant<br> * * * | | 3 | A participant | (a) The purpose of facilitating the coordination of, and ensuring appropriate provision of, the services and programs with which the participant is to engage under the voluntary case management plan that applies to them<br>(b) The purpose of facilitating the monitoring under sections 22BEA(3) and 22BS(3) that is to occur in respect of the voluntary case management plan that applies to the participant<br>(c) The purpose of facilitating a review under section 22BT(1) in respect of the voluntary case management plan that applies to the participant | | | | | | | | | | | | (d) The purpose of facilitating the preparation of advice requested by the Secretary under section 22BEA for a review in respect of the voluntary case management plan that applies to the participant<br>(e) The purpose of facilitating the preparation of advice requested by the Secretary under section 22BEA about the voluntary case management plan that applies to the participant<br>(f) The purpose of informing decisions regarding the variation, under section 22BV, of the voluntary case management plan that applies to the participant<br>(g) The purpose of facilitating the preparation of advice requested by the Secretary under section 22BEA about the revocation of the voluntary case management plan that applies to the participant<br>(h) The purpose of informing decisions regarding the revocation, under section 22CA, of the voluntary case management plan that applies to the participant | | 3A | A key person in relation to a participant | (a) The purpose of preparing a case management plan under section 22BRA<br>(b) The purpose of facilitating the preparation of advice requested by the Secretary under section 22BEA<br>(c) The purpose of informing decisions about the services and programs the key person is to engage in under the participant's voluntary case management plan | | 4 | A respondent to an application for a support and engagement order | (a) The purpose of facilitating the preparation of a report and a proposed support and engagement plan to be filed in the court under section 22CN(1) in respect of the respondent<br>(b) The purpose of facilitating the preparation of advice and a proposed support and engagement plan given under section 22CN(3) in respect of the respondent | | 5 | A supported person | (a) The purpose of facilitating the coordination of, and ensuring appropriate provision of, the services and programs with which the supported person is to engage under the support and engagement plan attached to person's support and engagement order<br>(b) The purpose of keeping the members of the CVE MAP informed regarding the supported person's compliance with, and progress under, the support and engagement order<br>(c) The purpose of facilitating the members of the CVE MAP to ascertain whether there are reasons to vary the support and engagement order<br>(d) The purpose of facilitating the preparation of reports to be filed in the court under section 22CV(1) in respect of the supported person<br>(e) The purpose of facilitating the preparation of advice given under section 22CV(3) in respect of the supported person<br>(f) The purpose of informing a person who is required to give evidence under section 22CP, 22CW, 22DD, 22DM or 22DU so that the person can give evidence when required to do so<br>(g) The purpose of facilitating the preparation of a report to be filed in the court under section 22DL(1) (including any proposed new support and engagement plan) in respect of the supported person<br>(h) The purpose of facilitating the preparation of advice given under section 22DL(3) in respect of the supported person | Subdivision 2—Information sharing S. 22EN inserted by No. 47/2021 s. 6. 22EN Authorised discloser may require information from another authorised discloser (1) An authorised discloser may request that another authorised discloser disclose to them information that is about a relevant person, and to which that other discloser has access, for a purpose that is authorised in respect of the relevant person. Note to s. 22EN(1) inserted by No. 2/2024 s. 20(1). Section 22ERD(1) prohibits a central contact from making (but not receiving or complying with) a request under this provision. (2) An authorised discloser who makes a request under subsection (1) may disclose information that is about a relevant person to the discloser to whom the request is made for the purpose of enabling or facilitating the identification and provision of the requested information. (3) An authorised discloser to whom a request is made must comply with that request. Notes to s. 22EN(3) inserted by No. 2/2024 s. 20(2). 1 If the request is made by a member of the CVE MAP, the authorised discloser may disclose the information to that member's central contact instead—see section 22ERC. 2 If the authorised discloser is a member of the CVE MAP, the member may arrange for their central contact to make the disclosure—see section 22ERB. S. 22EN(4) amended by No. 2/2024 s. 40(3). (4) However, in disclosing information under subsection (2) or (3), an authorised discloser must not disclose information if doing so is prohibited by section 22EK. (5) Despite anything in another provision of this section, a person who is an authorised discloser because they are a program provider must not— (a) make a request under subsection (1) for information about a relevant person; or (b) comply with a request under subsection (1) for information about a relevant person— unless they are a program provider in respect of that relevant person. Section 22AE sets out when a program provider is a program provider in respect of a relevant person. S. 22EO inserted by No. 47/2021 s. 6. 22EO Authorised discloser may disclose without request (1) An authorised discloser may disclose information that is about a relevant person, and to which the discloser has access, to another authorised discloser for a purpose that is authorised in respect of that person. Notes to s. 22EO(1) inserted by No. 2/2024 s. 21. 1 Section 22ERD(2) prohibits a central contact from disclosing information under this provision. 2 However, section 22ERB permits a central contact to make the disclosure if the member of the CVE MAP who appointed that central contact arranges for the central contact to do so. S. 22EO(2) amended by No. 2/2024 s. 40(4). (2) However, in disclosing information under subsection (1), an authorised discloser must not disclose information if doing so is prohibited by section 22EK. (3) Despite anything in subsection (1), a person who is an authorised discloser because they are a program provider must not disclose information about a relevant person under subsection (1) unless they are a program provider in respect of that relevant person. Section 22AE sets out when a program provider is a program provider in respect of a relevant person. S. 22EP inserted by No. 47/2021 s. 6. 22EP Authorised discloser may disclose other than for an authorised purpose (1) An authorised discloser may disclose information that is about a relevant person, and to which that discloser has access, to the Chief Commissioner of Police and the Secretary for a purpose that is not authorised in respect of that person if the discloser reasonably believes that the disclosure of that information is necessary— (a) to lessen a threat to the life, health, safety or welfare of any person; or (b) to prevent the commission of an offence under this Act or Chapter 5 of the Criminal Code of the Commonwealth. Notes to s. 22EP(1) inserted by No. 2/2024 s. 22. 1 Section 22ERD(3) prohibits a central contact from disclosing information under this provision. 2 However, section 22ERB permits a central contact to make the disclosure if the member of the CVE MAP who appointed that central contact arranges for the central contact to do so. (2) However, in disclosing information under subsection (1), an authorised discloser must not disclose information if doing so is prohibited by section 22EK. S. 22EQ (Heading) amended by No. 9/2025 s. 49(1). S. 22EQ inserted by No. 47/2021 s. 6. 22EQ Secretary or member of CVE MAP may require information from providers of previous services and programs (1) This section applies in relation to a person (the ***relevant person***) who is— (a) a referred person; or (b) a prospective participant; or S. 22EQ(1)(ba) inserted by No. 9/2025 s. 49(2). (ba) a participant; or (c) the respondent to an application for a support and engagement order. S. 22EQ(2) substituted by No. 9/2025 s. 49(3). (2) The Secretary may request that another person specified in subsection (3) disclose to the Secretary, for a purpose specified in subsection (5), information— (a) that is about a relevant person who is— (i) a prospective participant; or (ii) a participant; and (b) to which that other person has access. S. 22EQ(2A) inserted by No. 9/2025 s. 49(3). (2A) A member of the CVE MAP may request that another person specified in subsection (3) disclose to the member, for a purpose specified in subsection (5A), information— (a) that is about a relevant person; and (b) to which that other person has access. (3) The request may be made to a person who— (a) has provided the relevant person with a service of a kind described in subsection (4); or (b) has administered a program of a kind described in subsection (4) in which the relevant person was a participant; or (c) was engaged (whether as an employee, a volunteer or otherwise)— (i) by an entity that did a thing described in paragraph (a) or (b); and (4) The programs and services that are relevant for the purpose of subsection (3)(a) and (b) are those that would be eligible to be specified in a support and engagement plan under section 22AJ(2)(a). See the examples at the foot of section 22AJ(2)(a). S. 22EQ(5) substituted by No. 9/2025 s. 49(4). (5) The purposes for which a request under subsection (2) may be made are— (a) if the relevant person is a prospective participant—the purpose of informing a decision under section 22BJ about the relevant person; or (b) if the relevant person is a participant—the purpose of facilitating the preparation of a voluntary case management plan under section 22BRA or the variation of a plan under section 22BV. S. 22EQ(5A) inserted by No. 9/2025 s. 49(4). (5A) The purposes for which a request under subsection (2A) may be made are— (a) if the relevant person is a referred person—the purpose of facilitating the preparation of advice about the relevant person requested by the Secretary under section 22BEA; or (b) if the relevant person is a prospective participant—the purpose of facilitating the preparation of advice about the relevant person requested by the Secretary under section 22BEA; or (c) if the relevant person is a participant—the purpose of facilitating the preparation of advice about the relevant person requested by the Secretary under section 22BEA; or (d) if the relevant person is the respondent to an application for a support and engagement order—the purpose of facilitating and informing the preparation of a proposed support and engagement plan in respect of the respondent under section 22CN. S. 22EQ(6) amended by No. 9/2025 s. 49(5). (6) The Secretary or a member of the CVE MAP who makes a request under subsection (2) or (2A) may disclose information that is about the relevant person to the person to whom the request is made for the purpose of enabling or facilitating the identification and provision of the requested information. (7) A person to whom a request is made must comply with that request. Note to s. 22EQ(7) inserted by No. 2/2024 s. 23, amended by No. 9/2025 s. 49(6). The person may disclose the information requested by a member of the CVE MAP to the member's central contact instead—see section 22ERC. (8) However— S. 22EQ(8)(a) amended by Nos 2/2024 s. 40(5), 9/2025 s. 49(7). (a) in disclosing information under subsection (6), the Secretary or the member of the CVE MAP who does so must not disclose information if doing so is prohibited by section 22EK; and S. 22EQ(8)(b) amended by No. 2/2024 s. 40(5). (b) in disclosing information under subsection (7), the person who does so must not disclose information if doing so is prohibited by section 22EK. (9) For the purposes of this section, the person to whom the request is made has ***access*** to information if that information is held or kept by, or is under the control of, the person, or— (a) in the case of a person referred to in subsection (3)(a) or (b)— (i) the person provides the service or administers the program as described in that provision in the course of their engagement (whether as an employee, a volunteer or otherwise) by an entity; and (ii) the information is held or kept by or in, or under the control of, that entity; and (iii) the person is authorised to receive the information from that entity; or (b) in the case of a person referred to in subsection (3)(c)— (i) the information is held or kept by or in, or under the control of, the entity referred to in that provision; and (ii) the person is authorised to receive the information from that entity. S. 22EQA inserted by No. 9/2025 s. 50. 22EQA Secretary may disclose information to parent or guardian (1) This section applies in relation to a person who is under 18 years of age (the ***relevant person***) and who is— (a) a referred person; or (b) a prospective participant; or (c) a participant. (2) The Secretary may disclose to a parent or guardian of the relevant person— (a) information relating to the reason for the person's referral to the Secretary; or (b) in the case of a participant, the content of the person's voluntary case management plan. S. 22ER inserted by No. 47/2021 s. 6. 22ER Victoria Police member of the CVE MAP may disclose information about supported person receiving police services (1) This section applies if the support and engagement plan that applies to a supported person requires the supported person to engage with— (a) a service provided by Victoria Police or a member of Victoria Police personnel; or (b) a program administered by Victoria Police or a member of Victoria Police personnel. (2) A Victoria Police CVE MAP member may disclose information that is about the supported person, and to which the member has access, to— (a) an intelligence entity; or (b) a law enforcement entity; or (c) unrelated Victoria Police personnel— for the purpose specified in subsection (3). S. 22ER(3) amended by No. 2/2024 s. 40(6). (3) The purpose for which the disclosure may be made is the purpose of informing the person or other entity of— (a) the supported person's compliance with, and progress under, their support and engagement order; or (b) the CVE MAP's assessment of the extent to which the person is radicalising towards violent extremism. S. 22ER(4) amended by No. 2/2024 s. 40(7). (4) However, in disclosing information under subsection (2), the Victoria Police CVE MAP member must not disclose information if doing so is prohibited by section 22EK. ***intelligence entity*** means— (a) the Australian Security Intelligence Organisation; or (b) the Australian Secret Intelligence Service; or (c) the Office of National Intelligence continued in existence by section 6 of the Office of National Intelligence Act 2018 of the Commonwealth; ***law enforcement entity*** means— (a) the Australian Federal Police; or (b) a police force or police service of a State or a Territory; or (c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or a Territory; ***unrelated Victoria Police personnel*** means a member of Victoria Police personnel who is not involved in the provision of the service, or the administration of the program, in relation to which this section applies; ***Victoria Police CVE MAP member*** means a member of the CVE MAP appointed under section 22AU following a nomination by the Chief Commissioner of Police. Pt 4A Div. 6 Subdiv. 2A (Heading and ss 22ERA–22ERD inserted by No. 2/2024 s. 24. Subdivision 2A—Central contacts S. 22ERA inserted by No. 2/2024 s. 24. 22ERA CVE MAP member may appoint central contact (1) A member of the CVE MAP specified in Column 2 of the following Table, by instrument, may appoint a person specified in Column 3 opposite that member to be the member's central contact. | *Column 1* <br>*Item* | *Column 2*<br>*Member of the CVE MAP* | *Column 3*<br>*Person who may be appointed as a central contact* | | 1 | A member of the CVE MAP appointed under section 22AT | A person employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004** | | 2 | A member of the CVE MAP appointed under section 22AU following a nomination by the Chief Commissioner of Police | A member of Victoria Police personnel | | 3 | A member of the CVE MAP appointed under section 22AU following a nomination by a Department Head | A person employed in the Department of that Department Head under Part 3 of the **Public Administration Act 2004** | | 4 | A member of the CVE MAP appointed under section 22AU following a nomination by an Administrative Office Head | A person employed in the Administrative Office of that Administrative Office Head under Part 3 of the **Public Administration Act 2004** | | 5 | A member of the CVE MAP appointed under section 22AU following a nomination by the Commissioner for Corrections | A person employed under Part 3 of the **Public Administration Act 2004** for the purposes of the **Corrections Act 1986** | | 6 | A member of the CVE MAP appointed under section 22AV for whom a home entity has been specified in the member's instrument of appointment under section 22AV(2) | A person engaged (whether as an employee or otherwise) by that home entity | (2) A member of the CVE MAP who appoints a central contact must specify the period of the appointment, which must not exceed one year, in the instrument of appointment. S. 22ERB inserted by No. 2/2024 s. 24. 22ERB CVE MAP member may arrange for central contact to disclose information (1) A member of the CVE MAP who is authorised or required to disclose information under Subdivision 2 may arrange for the member's central contact to make that disclosure instead. Additionally, because central contacts are authorised disclosers, they may disclose information when requested to do so under section 22EN(1). (2) If the authorised or required disclosure is a disclosure to another member of the CVE MAP, the arrangement may be for the disclosure to be made to that other member's central contact instead. (3) A member of the CVE MAP who is required to disclose information under Subdivision 2 is taken to comply with that requirement by making an arrangement under subsection (1). (4) If a member of the CVE MAP arranges under subsection (1) for the member's central contact to make a disclosure, the central contact must do so. (5) However, in disclosing information under subsection (4), a central contact must not disclose information if doing so is prohibited by section 22EK. S. 22ERC inserted by No. 2/2024 s. 24. 22ERC Disclosure may be made to central contact instead of CVE MAP member (1) A person who is required to make a disclosure to a member of the CVE MAP under section 22EN(3) or 22EQ(7)— (a) may make that disclosure to that member's central contact instead of to the member; and (b) is taken to comply with that requirement by doing so. (2) However, in disclosing information under subsection (1), the person must not disclose information if doing so is prohibited by section 22EK. S. 22ERD inserted by No. 2/2024 s. 24. 22ERD Central contact must not make certain requests or disclosures (1) Despite section 22EN(1), a central contact must not make a request under that provision. (2) Despite section 22EO(1), a central contact must not disclose information under that provision. (3) Despite section 22EP(1), a central contact must not disclose information under that provision. (4) Nothing in subsection (2) or (3) prevents— (a) a member of the CVE MAP from making an arrangement under section 22ERB(1) in relation to a disclosure that the member is authorised to make under section 22EO(1) or 22EP(1); or (b) a central contact from making a disclosure under section 22ERB(4) in accordance with such an arrangement. Pt 4A Div. 6 Subdiv. 2B (Heading) inserted by No. 2/2024 s. 25. Subdivision 2B—Offence to disclose information S. 22ES inserted by No. 47/2021 s. 6. 22ES Offence to disclose information (1) A person who receives information about a relevant person as the result of a disclosure made in accordance with this Division must not disclose that information other than— (a) in accordance with this Division; or (b) as permitted or required by or under any other law; or (c) as permitted or required by or under an order of a court. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. (2) It is a defence to a charge under subsection (1) that the person disclosed the information in good faith and with reasonable care. Subdivision 3—Miscellaneous S. 22ET inserted by No. 47/2021 s. 6. 22ET Authority to collect information (1) An authorised discloser is authorised to collect any information that the discloser is authorised, under this Division, to request or disclose. (2) Nothing in subsection (1) requires any other person to disclose information to an authorised discloser. S. 22EU inserted by No. 47/2021 s. 6. 22EU Division does not affect collection or use of information permitted by various laws Nothing in this Division is to be taken to prevent an authorised discloser from collecting or using any information that the discloser is permitted to collect or use by or under any Act or law. S. 22EV inserted by No. 47/2021 s. 6. 22EV Protected information not admissible in criminal proceedings Information given— (a) by a participant when engaging with a service or a program under a voluntary case management plan; or (b) by a supported person when engaging with a service or program under a support and engagement plan— is not admissible in evidence against the participant or supported person who disclosed it in a criminal proceeding or a proceeding for the imposition of a penalty. Division 7—Annual report S. 22EW inserted by No. 47/2021 s. 6. 22EW Annual report The Minister must include the following information in the annual report of operations of the Department for each financial year under section 45 of the **Financial Management Act 1994**— (a) the number of referrals under section 22BH(1)— (i) that the Secretary received in that year; and (ii) that were made in respect of children; (b) the number of referrals under section 22BH(1)— (i) that the Secretary received in that year; and (ii) that were made in respect of adults; (c) the number of referrals in respect of children that the Secretary accepted in that year under section 22BJ; (d) the number of referrals in respect of adults that the Secretary accepted in that year under section 22BJ; (e) the number of referrals in respect of children that the Secretary refused in that year under section 22BJ(4); (f) the number of referrals in respect of adults that the Secretary refused in that year under section 22BJ(4); (g) the number of referrals in respect of children that the Secretary refused in that year under section 22BM(1); (h) the number of referrals in respect of adults that the Secretary refused in that year under section 22BM(1); S. 22EW(i) substituted by No. 9/2025 s. 51(1). (i) the number of prospective participants under 18 years of age who provided informed consent; S. 22EW(j) substituted by No. 9/2025 s. 51(1). (j) the number of prospective participants of or above 18 years of age who provided informed consent; S. 22EW(k) substituted by No. 9/2025 s. 51(1). (k) the number of prospective participants under 18 years of age who refused to provide informed consent; S. 22EW(l) substituted by No. 9/2025 s. 51(1). (l) the number of prospective participants of or above 18 years of age who refused to provide informed consent; S. 22EW(la) inserted by No. 9/2025 s. 51(2). (la) the number of voluntary case management plans developed for participants under 18 years of age; S. 22EW(lb) inserted by No. 9/2025 s. 51(2). (lb) the number of voluntary case management plans developed for participants of or above 18 years of age; (m) the number of occasions on which consent was withdrawn in accordance with section 22BX in that year in respect of participants who were children; (n) the number of occasions on which consent was withdrawn in accordance with section 22BX in that year in respect of participants who were adults; S. 22EW(na) inserted by No. 9/2025 s. 51(3). (na) the number of voluntary case management plans for participants under 18 years of age in operation for the whole or part of the year; S. 22EW(nb) inserted by No. 9/2025 s. 51(3). (nb) the number of voluntary case management plans for participants of or above 18 years of age in operation for the whole or part of the year; S. 22EW(nc) inserted by No. 9/2025 s. 51(3). (nc) the number of key persons who engaged in services or programs under the voluntary case management plan of a participant who is under 18 years of age; S. 22EW(nd) inserted by No. 9/2025 s. 51(3). (nd) the number of key persons who engaged in services or programs under the voluntary case management plan of a participant who is of or above 18 years of age; S. 22EW(ne) inserted by No. 9/2025 s. 51(3). (ne) the number of voluntary case management plans for participants under 18 years of age that expired during the year; S. 22EW(nf) inserted by No. 9/2025 s. 51(3). (nf) the number of voluntary case management plans for participants of or above 18 years of age that expired during the year; (o) the number of voluntary case management plans in respect of children that the Secretary revoked under section 22CA in that year; (p) the number of voluntary case management plans in respect of adults that the Secretary revoked under section 22CA in that year; (q) the number of applications made under section 22CK for support and engagement orders in that year in respect of children; (r) the number of applications made under section 22CK for support and engagement orders in that year in respect of adults; (s) the number of support and engagement orders made in that year in respect of children; (t) the number of support and engagement orders made in that year in respect of adults; (u) the number of support and engagement orders revoked in that year in respect of children; (v) the number of support and engagement orders revoked in that year in respect of adults; (w) the number of appeals brought in that year under section 109 of the **Magistrates' Court Act 1989** in respect of an order specified in section 22DX(3); (x) the number of appeals brought in that year under section 329 of the **Children, Youth and Families Act 2005** in respect of an order specified in section 22DX(3); (y) to the extent that it is known or disclosed, the religion and ethnicity of the persons in respect of whom support and engagement orders are applied for, made, revoked or appealed. Pt 5 (Heading and ss 23, 24) amended by Nos 68/2009 s. 97(Sch. item 119), 69/2009 s. 54(Sch. Pt 2 item 52), substituted as Pt 5 (Headings and ss 23–37A) by No. 32/2018 s. 71. Part 5—Protection of counter-terrorism intelligence Pt 5 Div. 1AA (Heading and s. 22EX) inserted by No. 47/2021 s. 7. Division 1AA—Preliminary S. 22EX inserted by No. 47/2021 s. 7. 22EX References to *subject* of substantive application or hearing In this Part, a reference to the ***subject*** of the substantive application or hearing that is an SEO review hearing or an application for the variation, extension or revocation of a support and engagement order is a reference to the supported person. Division 1—General protection in legal proceedings S. 23 substituted by No. 32/2018 s. 71.