Victorian Numbered Acts Victorian Numbered ActsAfter section 24 of the Principal Act insert —
(1) Subject to this section, on the making or renewal of a supervision order, or on a review of the order or a condition of the order, the court may declare that any of the following conditions of the order is a restrictive condition—
(a) that the offender must not consume alcohol;
(b) that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;
(c) that the offender must reside at a specified place (including whether the offender is to reside at a residential facility);
(d) that the offender must be at the offender's place of residence between specified times;
(e) that the offender may only leave the offender's place of residence in accordance with specified conditions;
(f) that the offender must not visit a specified place or area or may only visit the place or area at specified times;
(g) that the offender must not have contact with a specified person or class of person.
(2) A core condition under section 16(2)(a), (ab), (ac) or (ad) must not be declared to be a restrictive condition under this section.
Note
These conditions are restrictive conditions by operation of this Act: see paragraph (a) of the definition of restrictive condition in section 3.
(3) A declaration under subsection (1) may only be made—
(a) on the application of the Secretary; and
(b) if the court is satisfied on reasonable grounds that the declaration is necessary to address the risk of harm (including sexual harm or violence or both) to the community presented by the offender.
Note
See Part 6 for the procedure in respect of the application.
(4) In considering whether to make a declaration under subsection (1), the court must have regard to the antecedents of the offender, including any previous breaches of a supervision order.
Note
It is an offence under section 160 to fail to comply with a condition of a supervision order without a reasonable excuse.".