Victorian Numbered Acts Victorian Numbered ActsAfter Part 13 of the Principal Act insert —
(1) The Post Sentence Authority is established.
(2) The Authority—
(a) is a body corporate with perpetual succession; and
(b) must have an official seal; and
(c) may sue and be sued in its corporate name; and
(d) may acquire, hold and dispose of real and personal property; and
(e) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer.
(3) The official seal of the Authority must be kept as directed by the Authority and must not be used except as authorised by the Authority.
(4) All courts must take judicial notice of the seal of the Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
(1) The Authority has the following functions—
(a) to monitor compliance with and administer the conditions of a supervision order or an interim supervision order;
(b) to give directions and instructions to an offender in accordance with any authorisation given to the Authority under a supervision order or an interim supervision order;
(c) to make decisions to ensure the carrying into effect of the conditions of supervision orders and interim supervision orders;
(d) to make recommendations to the Secretary in relation to applying to a court to review the conditions of supervision orders and interim supervision orders;
(e) to review and monitor the progress of offenders on detention orders and interim detention orders;
(f) to review coordinated services plans for eligible offenders who are the subject of an application for a supervision order or a detention order;
(g) to review coordinated services plans for offenders who are subject to a supervision order or an interim supervision order;
(h) to review and monitor the progress of offenders on supervision orders and interim supervision orders;
(i) to approve or disapprove change of name applications under section 176;
(j) to report on the performance of functions and powers under this Act in its annual report under section 192ZC;
(k) any other function conferred on the Authority by or under this Act or any other Act.
Example
In relation to paragraph (b), a supervision order may authorise the Authority to give directions relating to electronic monitoring.
(2) The Authority—
(a) may inform itself in any manner it thinks fit; and
(b) is not bound by the rules of evidence.
(3) The Authority is not bound by the rules of natural justice.
The Authority has all the powers necessary to perform its functions, including any power conferred on it by or under this Act or any other Act.
(1) The Authority consists of not more than 10 persons appointed by the Governor in Council, on the recommendation of the Minister, being—
(a) a chairperson; and
(b) a deputy chairperson; and
(c) not more than 3 members (in addition to the chairperson and deputy chairperson) who are full-time members; and
(d) not more than 5 members who are sessional members.
(2) A member appointed to the Authority must be a person who—
(a) is or has been a judge of—
(i) the High Court; or
(ii) the Supreme Court or the equivalent court of another State or a Territory; or
(iii) the Federal Court; or
(iv) the Family Court; or
(v) the County Court or the equivalent court of another State or a Territory; or
(b) has been a magistrate of the Magistrates' Court or the equivalent court of another State or a Territory; or
(c) is an Australian lawyer of at least 5 years' experience; or
(d) is a community representative who has expertise and experience relevant to the functions of the Authority.
(1) On the recommendation of the Minister, the Governor in Council must appoint one of the members referred to in section 192F(2)(a) to be chairperson of the Authority.
(2) On the recommendation of the Minister, the Governor in Council must appoint one of the members referred to in section 192F(2)(a) to be deputy chairperson of the Authority.
(3) If the chairperson is unable to perform the duties of office or is absent or the office of the chairperson is vacant, the deputy chairperson—
(a) must act as chairperson; and
(b) while acting has the functions, powers and duties of the chairperson.
(1) On the recommendation of the Minister, the Governor in Council may appoint a member of the Authority referred to in section 192F(2)(a) or a person who is qualified to be a member under those provisions to be acting chairperson of the Authority if—
(a) the chairperson and the deputy chairperson are unable to perform the duties of the chairperson; or
(b) the chairperson and the deputy chairperson are absent; or
(c) the office of the chairperson and deputy chairperson is vacant.
(2) On the recommendation of the Minister, the Governor in Council may appoint a member of the Authority referred to in section 192F(2)(a) or a person who is qualified to be a member under those provisions to be acting deputy chairperson of the Authority if—
(a) the deputy chairperson is unable to perform the duties of the deputy chairperson; or
(b) the deputy chairperson is absent; or
(c) the office of the deputy chairperson is vacant.
(3) On the recommendation of the Minister, the Governor in Council may appoint a member of the Authority referred to in section 192F(2) (including a sessional member) or a person who is qualified to be a member under that section to be an acting member of the Authority if—
(a) a member is unable to perform the duties of member; or
(b) a member is absent; or
(c) an office of member is vacant.
(4) A person appointed under this section to act has the functions, powers and duties of the chairperson, deputy chairperson or member, as the case requires, while acting.
(1) A member of the Authority holds office—
(a) subject to subsections (3) and (4), for a term not exceeding 5 years specified in the member's instrument of appointment; and
(b) subject to this Act, on the terms and conditions specified in the member's instrument of appointment.
(2) Subject to this Act, a member is entitled to be paid remuneration, allowances and expenses determined by the Governor in Council and specified in the member's instrument of appointment.
(3) A member is eligible for reappointment.
(4) A member may hold office for a maximum of 9 years, whether appointed for one or more terms and whether or not those terms are consecutive.
(5) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Authority in respect of the office of member.
(6) If a person was, immediately before becoming a member of the Authority, an officer within the meaning of the State Superannuation Act 1988 , the member continues, subject to that Act, to be an officer within the meaning of that Act.
(1) The chairperson is to preside at meetings of the Authority at which the chairperson is present.
(2) In the absence of the chairperson, the deputy chairperson is to preside at meetings of the Authority at which the deputy chairperson is present.
(3) In the absence of the chairperson and the deputy chairperson, the member appointed as acting chairperson or acting deputy chairperson is to preside at meetings of the Authority at which that member is present.
(1) The Authority is to meet at the times and places that are fixed by the chairperson.
(2) The following questions which may arise before the Authority are to be decided by the person presiding at a meeting of the Authority—
(a) whether a question is a question of fact or of law;
(b) any question determined to be a question of law.
(3) A question is not to be decided at a meeting of the Authority unless the following members are present—
(a) the chairperson, deputy chairperson, acting chairperson or acting deputy chairperson; and
(b) at least 2 other members of the Authority.
(4) The decision of a majority of the members present at a meeting of the Authority on a question arising at the meeting (other than a question which under subsection (2) is to be decided by the person presiding at the meeting alone) is the decision of the Authority on that matter.
(5) If there is an equality of votes on a question arising at a meeting of the Authority, the person presiding at the meeting has a second or casting vote.
An act or a decision of the Authority is not invalid merely because of—
(a) a vacancy in the office of a member; or
(b) a defect or irregularity in the appointment of a member.
(1) The office of a member of the Authority becomes vacant if—
(a) the member's term expires; or
(b) the member is removed from office under subsection (2); or
(c) the member resigns by written notice of resignation delivered to the Minister or the Governor in Council.
(2) Subject to subsection (3), on the recommendation of the Minister, the Governor in Council may remove a member from office.
(3) The Minister must not make a recommendation under subsection (2) unless the Minister is of the opinion that the member—
(a) is an insolvent under administration; or
(b) has ceased to be eligible for appointment; or
(c) is convicted of an offence, the commission of which makes the person unsuitable to be a member; or
(d) has failed to disclose a conflict of interest; or
(e) is unable to perform the functions and duties of the office for any reason; or
(f) is or has been engaging in improper conduct; or
(g) neglects the member's duty as a member; or
(h) is otherwise unfit to hold office.
(4) A vacancy in the office of a member may be filled by appointment in accordance with this Part.
(1) The Authority may enter into agreements or arrangements for the use of the services of any employee of a public entity within the meaning of the Public Administration Act 2004 or a public service body within the meaning of that Act to assist the Authority to perform its functions.
(2) The Secretary must provide any employees of the Department and any other assistance to the Authority that is necessary to assist the Authority to perform its functions.
(3) An employee provided under this section to assist the Authority to perform its functions is subject to the directions of the Authority in performing those functions.
(4) The Authority may engage contractors and agents to assist the Authority to perform its functions.
(1) If the Authority has heard and determined a matter, a member of the Authority may sign and issue all necessary orders and documents relating to that matter on behalf of the Authority.
(2) An order or a document signed under subsection (1) has effect as if it were signed by all the members of the Authority.
(1) For the purposes of performing its functions in relation to managing offenders who are subject to an order under this Act, the Authority may serve written notice on a person requiring the person—
(a) to produce a specified document or other thing to the Authority before a specified time and in the specified manner; or
(b) to attend a meeting of the Authority at a specified time and place to produce a specified document or other thing; or
(c) to attend a meeting of the Authority at a specified time and place, and from then on from day to day until excused, to give evidence; or
(d) to attend a meeting of the Authority at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing.
(2) A notice under subsection (1)—
(a) must be in the prescribed form (if any); and
(b) must contain the following information—
(i) a statement outlining the provisions of section 192Y;
(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice;
(iii) how the person may object to the notice;
(iv) any other prescribed information; and
(c) must be served in accordance with section 192S.
(1) A person on whom a notice to produce or a notice to attend is served may make a claim to the Authority that—
(a) the person has or will have a reasonable excuse for failing to comply with the notice; or
(b) in the case of a notice under section 192P(1)(a), (b) or (d), that a document or other thing specified in the notice is not relevant to the subject matter of the meeting.
(2) Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to the Authority if the information—
(a) in the case of a natural person, might tend to incriminate the person or make the person liable to a penalty; or
(b) is the subject of parliamentary privilege; or
(c) is the subject of legal professional privilege or client legal privilege; or
(d) is the subject of public interest immunity; or
(e) is prohibited from disclosure by a court order; or
(f) is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to the Authority.
(1) By further notice served on a person, the Authority may vary or revoke a notice served on that person under section 192P—
(a) on the Authority's own initiative; or
(b) if the Authority is satisfied that the person's claim under section 192Q is made out.
(2) A notice varying or revoking a notice to produce or a notice to attend must be served in accordance with section 192S.
(1) Subject to subsection (2), a notice to produce or notice to attend, or a notice varying or revoking a notice to produce or notice to attend, must be served at a reasonable time, being not less than 7 days before the date on which the person is required to attend or otherwise comply with the notice.
(2) The Authority may serve a notice to attend requiring immediate attendance by a person if—
(a) the Authority considers on reasonable grounds that a delay in the person's attendance is likely to result in—
(i) evidence being lost or destroyed; or
(ii) the commission of an offence, the continuation of a commission of an offence or an attempt to commit an offence; or
(iii) the person on whom the notice is served absconding or otherwise evading attendance; or
(iv) serious prejudice to the conduct of the meeting to which the notice relates; or
(b) the person on whom the notice is served consents to immediate attendance.
(3) A notice to produce or notice to attend may be served—
(a) by serving a copy of the notice on the person personally; or
(b) by sending a copy of the notice by prepaid ordinary post addressed to the person at the person's last known residential address; or
(c) if the person—
(i) has facilities for the reception of documents in a document exchange; and
(ii) consents to accepting personal service of documents by delivery to those facilities in the document exchange—
by delivering a copy of the notice addressed to the person into those facilities; or
(d) if the person consents to documents being served electronically, by sending the notice by means of electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000 .
(1) The Authority, a member of the Authority or an employee assisting the Authority under section 192N to perform its functions authorised by the Authority may—
(a) inspect any document or other thing produced to the Authority under a notice to produce; and
(b) retain the document or other thing for as long as is reasonably necessary for the purposes of this Act; and
(c) copy any document or other thing produced to the Authority necessary for the purposes of this Act.
(2) If the retention of a document or other thing under subsection (1) ceases to be reasonably necessary for the purposes of this Act, the Authority, at the request of a person who appears to be entitled to the document or other thing, must cause the document or other thing to be returned to the person unless it has been given to another person or body under this Act.
The power of the Authority under section 192P to issue a notice to produce or a notice to attend does not affect or limit the power of the Authority—
(a) to give to an offender who is subject to a supervision order a direction under section 119 or 120(2) or an instruction under section 121; or
(b) to require an offender to attend a meeting under section 124; or
(c) to require an offender to attend before the Authority under section 161(2) for the purposes of an inquiry under section 161 into an alleged breach of a supervision order under section 160; or
(d) to require information under section 192ZE; or
(e) to require a responsible agency to provide further information to the Authority in relation to a coordinated services plan under section 192ZL.
(1) If the Authority requires a person to attend a meeting of the Authority, the Authority, on its own initiative or at the request of the person, may direct the person to appear before the meeting by audio visual link from a place (the remote point ) other than the place where the meeting is to be held.
(2) The Authority must not make a direction under subsection (1) unless it is satisfied that both the place where the meeting of the Authority is to be held and the remote point are equipped with facilities that—
(a) enable all the members of the Authority attending the meeting to see and hear the person required to attend; and
(b) enable the person required to attend to see and hear all the members of the Authority attending the meeting.
(3) The Authority, at any time in the course of a meeting, may vary or revoke a direction given under subsection (1), either on its own initiative or at the request of the person required to attend the meeting.
(4) A person who, in accordance with a direction given under subsection (1), appears before a meeting of the Authority by audio visual link is taken to have attended the meeting of the Authority.
(1) If a notice to attend a meeting of the Authority is served on a person who is in prison or a police gaol, the Authority may give a written direction to the Governor of the prison or the officer in charge of the gaol (as the case may be) that, as required by the notice—
(a) the person be brought to a place equipped with facilities to enable the person to appear before the Authority by audio visual link; or
(b) the person be brought before the Authority.
(2) A direction under subsection (1) must be in the prescribed form (if any).
(1) The Authority may require a person attending a meeting of the Authority in accordance with a notice to attend to give evidence or answer questions on oath or affirmation.
(2) For the purposes of subsection (1) and subject to subsection (3), an oath or affirmation must be administered to a person by—
(a) a member of the Authority; or
(b) an employee who is—
(i) assisting the Authority under section 192N to perform its functions; and
(ii) authorised to administer the oath or affirmation by the Authority.
(3) In the case of an oath to be sworn or an affirmation to be made by a person who is appearing before the Authority by audio visual link, the oath or affirmation may be administered—
(a) by means of the audio visual link, in nearly as practicable the same way as if the person were physically attending the meeting of the Authority; or
(b) at the direction of, and on behalf of, the Authority at the remote point by a person authorised by the Authority.
Note
See section 192V in relation to remote point .
A person who is duly served with a notice to produce or notice to attend must not, without reasonable excuse, refuse or fail to comply with the notice.
Penalty: 30 penalty units or imprisonment for 3 months.
(1) A person who is duly served with a notice to attend a meeting of the Authority under section 192P(1)(b), (c) or (d) must not, without reasonable excuse—
(a) refuse or fail to take an oath or make an affirmation when required to do so; or
(b) refuse or fail to answer a question that the person is required to answer by the Authority.
Penalty: 30 penalty units or imprisonment for 3 months.
(2) A person does not commit an offence against subsection (1) unless, before the person is required to take the oath or make the affirmation or answer the question, the Authority informs the person that refusal or failure to do so without reasonable excuse is an offence.
(1) A member of the Authority has, in respect of the performance of the member's functions as member at a meeting of the Authority, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.
(2) An employee assisting the Authority under section 192N to perform its functions or a contractor or an agent engaged by the Authority under that section has, in the performance of the person's functions at a meeting of the Authority, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.
(3) A person legally representing another person at a meeting of the Authority has the same protection and immunity as an Australian legal practitioner has in representing a party in a proceeding in the Supreme Court.
(4) A person who gives information or evidence, or produces a document or other thing, at a meeting of the Authority has the same protection and immunity as a witness has in a proceeding in the Supreme Court.
(1) A member of the Authority is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the performance of a function under this Act or the regulations; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act or the regulations.
(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to the member of the Authority attaches instead to the Authority.
(1) Before 30 September in each year the Authority must give to the Minister a report relating to the 12 months ending on 30 June in that year and concerning the operation of this Act during that period, including—
(a) details of the number of eligible offenders serving a custodial sentence; and
(b) details of the number of applications made for a detention order, an interim detention order and the renewal of detention orders; and
(c) details of the number of applications made for a supervision order, an interim supervision order and the renewal of supervision orders; and
(d) details of the number of offenders in respect of whom a detention order or interim detention order was made; and
(e) details of the number of offenders in respect of whom a supervision order or an interim supervision order was made; and
(f) details of the number of offenders subject to a detention order or an interim detention order who were found guilty or convicted of a relevant offence or a violent offence; and
(g) details of the number of offenders subject to a supervision order or an interim supervision order who were found guilty or convicted of a relevant offence, a violent offence or an offence against section 160; and
(h) details of any breaches of conditions of a supervision order or an interim supervision order by offenders and the actions taken by the Authority in respect of those breaches; and
(i) the number of prosecutions commenced by the Secretary, the Director of Public Prosecutions or Victoria Police for an offence against section 160; and
(j) details of the number of offenders directed to reside in a residential facility including the number of offenders directed to reside in a residential facility—
(i) as a condition of an order imposed by the court under section 17(1)(a) ; and
(ii) by the Authority under section 20(1)(b); and
(k) details of the number of offenders in respect of whom an emergency power was exercised under Part 10; and
(l) details of the number of offenders who were required to comply with electronic monitoring under a supervision order or an interim supervision order; and
(m) details of the exercise of powers of entry under sections 158C and 171A reported to the Authority during the period; and
(n) details of the exercise of powers under Division 3 of Part 11 reported to the Authority during the period; and
(o) details of the number of detention orders, supervision orders and interim orders completed or revoked during the period; and
(p) the activities of the Authority during the period; and
(q) in relation to the activities of responsible agencies, the following details—
(i) the number of coordinated services plans developed and agreed for eligible offenders in respect of whom an application for an order is made under section 7 or 33;
(ii) the number of coordinated services plans developed and agreed for offenders subject to a supervision order or an interim supervision order;
(iii) the number of reviews conducted of coordinated services plans;
(iv) the number of notices issued to responsible agencies in relation to coordinated services plans under section 192ZL and the number of responses provided;
(r) any other prescribed matter.
(2) The Minister must cause the Authority's annual report to be laid before the Legislative Council and the Legislative Assembly before the end of the fourteenth sitting day of the Legislative Council or the Legislative Assembly after the annual report has been received by the Minister.
(1) When required by the Minister, the Authority must give to the Minister a report and recommendations concerning a person who, at the time of the report, is the subject of a detention order or an interim detention order or a supervision order or an interim supervision order.
(2) When required by the Minister, the Authority must give to the Minister a report on a matter stated in the requirement and relating to the activities of the Authority or the operation of this Act.
(1) For the purposes of preparing its annual report under section 192ZC, the Authority may require any information specified in the requirement to be provided to it by—
(a) a responsible agency; and
(b) the Director of Public Prosecutions; and
(c) other relevant Departments or agencies.
(2) An entity referred to in subsection (1)(a), (b) or (c) must provide to the Authority information specified in a requirement under subsection (1).
This Part applies in addition to any other function or power of a responsible agency under this Act.
In the delivery of services to—
(a) an eligible offender who is the subject of an application for a supervision order or a detention order; or
(b) an offender who is subject to a supervision order or an interim supervision order—
a responsible agency must—
(c) provide reasonable assistance and support to another responsible agency; and
(d) share information, including for the purposes of reporting, in accordance with this Act; and
(e) identify and take steps to resolve any issues, including systemic issues, relating to the delivery of those services.
For the purpose of performing their functions under this Part, responsible agencies must jointly establish one, or more than one, panel.
Responsible agencies must develop and agree to a coordinated services plan in respect of—
(a) an eligible offender who is the subject of an application for a supervision order or a detention order; and
(b) an offender who is subject to a supervision order or an interim supervision order.
(1) A coordinated services plan in relation to an eligible offender who is the subject of an application for a supervision order or a detention order must set out the services that will be made available to the offender if a supervision order or an interim supervision order is made.
(2) A coordinated services plan in respect of an offender who is subject to a supervision order or an interim supervision order must set out—
(a) the matters referred to in section 10(2); and
(b) identified risk factors relevant to the offender; and
(c) a description of the services that will be made available to the offender in order to address the factors referred to in paragraph (b); and
(d) agreement by the responsible agencies to deliver, or provide for the delivery of, the services referred to in paragraph (c); and
(e) the prescribed matters, if any.
Responsible agencies must give to the Authority a copy of a coordinated services plan—
(a) in relation to an eligible offender, as soon as practicable after an application for a supervision order or a detention order is made; and
(b) in relation to an offender who is subject to a supervision order or an interim supervision order, as soon as practicable after the order has been made.
(1) The Authority must review a coordinated services plan received under section 192ZK or 192ZM.
(2) The Authority may serve written notice on a responsible agency requesting information in relation to a coordinated services plan.
(3) A responsible agency must comply with a notice served on it under subsection (2).
(4) This section does not limit the power of the Authority to serve a notice under section 192P.
(1) Responsible agencies must review each coordinated services plan not later than 6 months after the plan was agreed or last reviewed (whichever is the later) and—
(a) confirm the plan; or
(b) revise the plan; or
(c) revoke the plan if the offender is no longer subject to a supervision order or an interim supervision order.
(2) As soon as practicable after each review conducted under subsection (1), responsible agencies must give to the Authority—
(a) if the coordinated services plan was confirmed or revised, a copy of the confirmed or revised plan; or
(b) notice that the coordinated services plan has been revoked.
A coordinated services plan expires on the earlier of—
(a) in the case of an eligible offender who is the subject of an application for a supervision order or a detention order, the determination of the application; or
(b) its revocation under section 192ZM.
In performing its functions under this Part, a responsible agency may seek the services or advice of any person or body.
(1) In the performance of its functions under this Part, a responsible agency may, by instrument, delegate any function or power of the responsible agency under this Part, other than this power of delegation, to—
(a) an employee, or class of employees, in the office or body of which the responsible agency is or has the functions of a public service body Head (within the meaning of the Public Administration Act 2004 ); or
(b) in the case of a responsible agency that is prescribed under paragraph (d) of the definition of responsible agency in section 3, an employee, or class of employees, of the responsible agency.
(2) This section does not limit section 196.
The Parliament does not intend by this Part—
(a) to create in any person any legal right or give rise to any civil cause of action; or
(b) to affect in any way the interpretation of any Act or law in force in Victoria.".