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PARLIAMENT OF VICTORIA
Serious Sex Offenders (Detention and Supervision)
Amendment Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--SERIOUS SEX OFFENDERS (DETENTION AND
SUPERVISION) ACT 2009 4
3 Principal Act 4
4 New section 58A inserted 4
58A Provisions affecting interim supervision order 4
5 Periodic reviews of supervision orders 4
6 Periodic reviews of detention orders 5
7 Offender serving custodial sentence at time of review 5
8 Decision on supervision order--general 5
9 Disputing reports 6
10 New section 113A inserted 6
113A Disputing reports filed with applications for interim
orders 6
11 Attendance of offender at meetings of Adult Parole Board--
statute law revision 7
12 Proceedings for offence 7
13 Sharing of information 7
14 Guidelines for disclosure 10
15 Sharing information with healthcare providers--statute law
revision 10
16 Management of offenders 10
PART 3--CIVIL PROCEDURE ACT 2010 11
17 Application of this Act 11
PART 4--DISABILITY ACT 2006 12
18 Authorised Program Officer must prepare treatment plan 12
571104B.I-25/10/2011 i BILL LA INTRODUCTION 25/10/2011
Clause Page
PART 5--REPEAL OF AMENDING ACT 13
19 Repeal of amending Act 13
ENDNOTES 14
571104B.I-25/10/2011 ii BILL LA INTRODUCTION 25/10/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Serious Sex Offenders (Detention and
Supervision) Amendment Bill 2011
A Bill for an Act to amend the Serious Sex Offenders (Detention
and Supervision) Act 2009, to make consequential and related
amendments to other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Serious Sex Offenders
5 (Detention and Supervision) Act 2009 in
order to--
(i) apply provisions of that Act relating to
the calculation of the period of a
supervision order and when an offender
10 is subject to the conditions of a
571104B.I-25/10/2011 1 BILL LA INTRODUCTION 25/10/2011
Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Part 1--Preliminary
s. 1
supervision order to interim supervision
orders;
(ii) remove the requirement to conduct a
periodic review of a supervision or
5 detention order if an application to
renew the order has been made;
(iii) remove requirements for the review of
a supervision or detention order if the
offender is in custody on remand;
10 (iv) amend provisions relating to the court's
consideration of disputed reports when
the court is determining an application
for an interim supervision order or
interim detention order;
15 (v) enable the Registrar of the Sex
Offenders Register or a member of the
police force of or above the rank of
inspector, in certain circumstances, to
dispense with notice requirements when
20 filing a charge-sheet charging a person
with failing to comply with a condition
of a supervision order;
(vi) update provisions relating to
information sharing;
25 (vii) apply additional provisions of that Act
to offenders who are subject to
extended supervision orders made
under the Serious Sex Offenders
Monitoring Act 2005; and
30 (b) to amend the Civil Procedure Act 2010 so
that that Act does not apply to proceedings
under the Serious Sex Offenders (Detention
and Supervision) Act 2009; and
571104B.I-25/10/2011 2 BILL LA INTRODUCTION 25/10/2011
Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Part 1--Preliminary
s. 2
(c) to amend the Disability Act 2006 so that
treatment plans under that Act must be
consistent with supervision orders made
under the Serious Sex Offenders (Detention
5 and Supervision) Act 2009.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
10 operation before 1 October 2012, it comes into
operation on that day.
__________________
571104B.I-25/10/2011 3 BILL LA INTRODUCTION 25/10/2011
Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Part 2--Serious Sex Offenders (Detention and Supervision) Act 2009
s. 3
PART 2--SERIOUS SEX OFFENDERS (DETENTION AND
SUPERVISION) ACT 2009
3 Principal Act
See: In this Part, the Serious Sex Offenders
Act No.
5 91/2009 (Detention and Supervision) Act 2009 is called
and the Principal Act.
amending
Act Nos
13/2010,
16/2010,
63/2010 and
64/2010.
LawToday:
www.
legislation.
vic.gov.au
4 New section 58A inserted
After section 58 of the Principal Act insert--
"58A Provisions affecting interim supervision
10 order
Section 12(2), (3), (4) and (5) apply with
respect to an interim supervision order as if a
reference in that section to a supervision
order were a reference to an interim
15 supervision order.".
5 Periodic reviews of supervision orders
After section 65(2) of the Principal Act insert--
"(3) An application is not required to be made
under this section if, at the time for review of
20 the supervision order--
(a) an application has been made under
section 28 to renew the supervision
order; and
(b) the application under section 28 has not
25 been withdrawn.".
571104B.I-25/10/2011 4 BILL LA INTRODUCTION 25/10/2011
Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Part 2--Serious Sex Offenders (Detention and Supervision) Act 2009
s. 6
6 Periodic reviews of detention orders
At the end of section 66 of the Principal Act
insert--
"(2) An application is not required to be made
5 under subsection (1) if, at the time for review
of the detention order--
(a) an application has been made under
section 45 to renew the detention order;
and
10 (b) the application under section 45 has not
been withdrawn.".
7 Offender serving custodial sentence at time of
review
(1) For the heading to section 67 of the Principal Act
15 substitute--
"Offender serving custodial sentence or in
custody on remand at time of review".
(2) In section 67 of the Principal Act--
(a) for "Sections 65 and 66" substitute
20 "Sections 65(1) and 66(1)";
(b) after "custodial sentence" insert "or is in
custody on remand".
8 Decision on supervision order--general
After section 73(4) of the Principal Act insert--
25 "(4A) The Director of Public Prosecutions may
apply to the Supreme Court for an interim
detention order in respect of an offender who
is the subject of an application under
subsection (3) for a detention order.
30 (4B) Division 2 of Part 4 applies in respect of an
application for an interim detention order
under subsection (4A).".
571104B.I-25/10/2011 5 BILL LA INTRODUCTION 25/10/2011
Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Part 2--Serious Sex Offenders (Detention and Supervision) Act 2009
s. 9
9 Disputing reports
In section 113(1) of the Principal Act, after
"this Act" insert "other than under Part 4".
10 New section 113A inserted
5 After section 113 of the Principal Act insert--
"113A Disputing reports filed with applications
for interim orders
(1) The Secretary, the Director of Public
Prosecutions or the offender may file with
10 the court a notice of intention to dispute the
whole or any part of any assessment report,
progress report or other report made to the
court or filed with an application under
Part 4.
15 (2) If a notice is filed under subsection (1)
before the application is determined, the
court may, if it considers appropriate, before
taking the report or the part in dispute (as the
case requires) into consideration in
20 determining the application, give the party
that filed the notice the opportunity--
(a) to lead evidence on the disputed
matters; and
(b) to cross-examine the author of the
25 report on its contents.
(3) If a notice is not filed under subsection (1)
before the application is determined, the
court--
(a) must take the report or the part (as the
30 case requires) into consideration in
determining the application; and
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Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Part 2--Serious Sex Offenders (Detention and Supervision) Act 2009
s. 11
(b) is not required to give the Secretary, the
Director of Public Prosecutions or the
offender an opportunity to lead
evidence relating to the report or the
5 part (as the case requires) or cross-
examine the author of the report on its
contents.".
11 Attendance of offender at meetings of Adult Parole
Board--statute law revision
10 In section 124(2) of the Principal Act, for
"of Adult" substitute "of the Adult".
12 Proceedings for offence
(1) For section 172(3) of the Principal Act
substitute--
15 "(3) If the person bringing the proceedings is the
Secretary, the Registrar or a member of the
police force of or above the rank of
inspector, that person may dispense with the
period of notice required by subsection (2) if
20 he or she considers that a charge-sheet
should be filed without delay, having regard
to the seriousness of the alleged breach of
the order.".
(2) After section 172(7) of the Principal Act insert--
25 "(8) In this section, the Registrar means the
member of the police force holding the
position of Registrar for the purposes of
Regulations made under the Sex Offenders
Registration Act 2004.".
30 13 Sharing of information
(1) In section 189(1) of the Principal Act, after
"necessary to enable" insert "the relevant person
or".
571104B.I-25/10/2011 7 BILL LA INTRODUCTION 25/10/2011
Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Part 2--Serious Sex Offenders (Detention and Supervision) Act 2009
s. 13
(2) In section 189(4) of the Principal Act, in the
definition of relevant Act--
(a) before paragraph (a), insert--
"(aa) the Bail Act 1977; or
5 (aab) the Children, Youth and Families
Act 2005; or
(aac) the Crimes Act 1958; or";
(b) after paragraph (c), insert--
"(ca) the Sentencing Act 1991; or";
10 (c) after paragraph (d), insert--
"(da) the Summary Offences Act 1966; or";
(d) in paragraph (e), after "Working with
Children Act 2005;" insert "or";
(e) after paragraph (e), insert--
15 "(f) the Crimes Act 1914 of the
Commonwealth; or
(g) the Criminal Code Act 1995 of the
Commonwealth; or
(h) the Migration Act 1958 of the
20 Commonwealth;".
(3) In section 189(4) of the Principal Act, in the
definition of relevant person--
(a) in paragraph (l), for "force." substitute
"force; or";
25 (b) after paragraph (l), insert--
"(m) the Secretary to the Department of
Immigration and Citizenship of the
Commonwealth; or
(n) any person employed in the Department
30 of Immigration and Citizenship of the
Commonwealth; or
571104B.I-25/10/2011 8 BILL LA INTRODUCTION 25/10/2011
Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Part 2--Serious Sex Offenders (Detention and Supervision) Act 2009
s. 13
(o) any person who delivers services on
behalf of the Department of
Immigration and Citizenship of the
Commonwealth; or
5 (p) the Secretary to the Attorney-General's
Department of the Commonwealth; or
(q) any person employed in the Attorney-
General's Department of the
Commonwealth; or
10 (r) any person who delivers services on
behalf of the Attorney-General's
Department of the Commonwealth; or
(s) the Commissioner of the Australian
Federal Police; or
15 (t) a member or a special member of the
Australian Federal Police; or
(u) the Commonwealth Director of Public
Prosecutions; or
(v) any person employed in the Office of
20 the Commonwealth Director of Public
Prosecutions; or
(w) any person who delivers services on
behalf of the Office of the
Commonwealth Director of Public
25 Prosecutions; or
(x) the Director of Public Prosecutions for
Victoria; or
(y) the Chief Crown Prosecutor within the
meaning of the Public Prosecutions
30 Act 1994; or
(z) any Crown Prosecutor or Associate
Crown Prosecutor within the meaning
of the Public Prosecutions Act 1994;
or
571104B.I-25/10/2011 9 BILL LA INTRODUCTION 25/10/2011
Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Part 2--Serious Sex Offenders (Detention and Supervision) Act 2009
s. 14
(za) the Solicitor for Public Prosecutions
appointed under the Public
Prosecutions Act 1994; or
(zb) any person employed in the Office of
5 Public Prosecutions for Victoria; or
(zc) any person who delivers services on
behalf of the Office of Public
Prosecutions for Victoria.".
14 Guidelines for disclosure
10 (1) In section 190(2)(e) of the Principal Act, for
"Police." substitute "Police; or".
(2) After section 190(2)(e) of the Principal Act
insert--
"(f) the Director of Public Prosecutions for
15 Victoria.".
15 Sharing information with healthcare providers--
statute law revision
In section 192(2)(a) of the Principal Act, for
"denominational hospital" substitute
20 "denominational hospital,".
16 Management of offenders
In clause 11(2) of Schedule 2 to the Principal Act,
for "137 and 143 to 145" substitute "137 and 142
to 146".
__________________
571104B.I-25/10/2011 10 BILL LA INTRODUCTION 25/10/2011
Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Part 3--Civil Procedure Act 2010
s. 17
PART 3--CIVIL PROCEDURE ACT 2010
17 Application of this Act
In section 4(2) of the Civil Procedure See:
Act No.
Act 2010-- 47/2010
and
5 (a) in paragraph (i), for "1991." substitute amending
Act No.
"1991;"; 1/2011.
LawToday:
(b) after paragraph (i), insert-- www.
legislation.
"(j) the Serious Sex Offenders (Detention vic.gov.au
and Supervision) Act 2009.".
__________________
571104B.I-25/10/2011 11 BILL LA INTRODUCTION 25/10/2011
Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Part 4--Disability Act 2006
s. 18
PART 4--DISABILITY ACT 2006
18 Authorised Program Officer must prepare
treatment plan
See: After section 153(2) of the Disability Act 2006
Act No.
5 23/2006 insert--
and
amending "(2A) When preparing a treatment plan under
Act Nos
80/2006,
subsection (1), the Authorised Program
25/2007, Officer must ensure that the treatment plan is
69/2009,
74/2009,
consistent with the order under which the
10 91/2009, person with a disability is admitted to the
13/2010,
29/2010 and
residential treatment facility.".
29/2011.
LawToday:
www.
legislation.
vic.gov.au
__________________
571104B.I-25/10/2011 12 BILL LA INTRODUCTION 25/10/2011
Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Part 5--Repeal of Amending Act
s. 19
PART 5--REPEAL OF AMENDING ACT
19 Repeal of amending Act
This Act is repealed on 1 October 2013.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571104B.I-25/10/2011 14 BILL LA INTRODUCTION 25/10/2011
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