statutory rules 2018 S.R. No. 133/2018 Supreme Court Act 1986 Supreme Court (Chapter VI Serious Offenders Amendment) Rules 2018 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court as a result of the enactment of the Serious Offenders Act 2018. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3 Commencement Rules come into operation on 24 September 2018. 4 Principal Rules In these Rules, the Supreme Court (Criminal Procedure) Rules 2017 are called the Principal Rules.
'Form 6–12A—Notice of application for supervision Rule 12.03(1) IN THE SUPREME OF VICTORIA 20 No. AT IN THE MATTER of the Serious Offenders Act 2018 and IN THE MATTER of an application under section 13 of that Act for a supervision order. BETWEEN The Secretary to the Department of Justice and Regulation Applicant and C.D. Respondent NOTICE OF The Secretary to the Department of Justice and Regulation applies under section 13 of the Serious Offenders Act 2018 ("the Act") for a supervision order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act. *C.D. is an eligible offender within the meaning of section 8(1) of the Act in that— (a) C.D. is of or over the age of 18 years; (b) a custodial sentence for a serious sex offence or a serious violence offence was imposed on C.D., as follows [insert particulars]; and (c) C.D. is serving in Victoria— APPLICATION
5. THE MAXIMUM INTERVAL(S) between subsequent reviews of this order *is/*are: [insert period, being no more than 3 years] 6. CORE CONDITIONS: Pursuant to section 31 of the Act, the core conditions of this order that apply to C.D. during the period of the order are the following: 1. C.D. must not commit a serious sex offence in Victoria or elsewhere;. 2. C.D. must not commit a serious violence offence in Victoria or elsewhere; 3. C.D. must not commit an offence referred to in Schedule 3 of the Act in Victoria or elsewhere; 4. If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility; 5. If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act; 6. If the requires C.D. to reside at a residential treatment facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility; 7. If the requires C.D. to reside at a residential treatment facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act; 8. C.D. must not engage in any behaviour or conduct that threatens the safety of any person (including C.D.);
The application for a declaration is to be made on: *the making of a supervision in respect of C.D pursuant to [give details of relevant application for supervision order]. *the renewal of a supervision order in respect of C.D pursuant to [give details of relevant application for renewal of supervision order]. *a review of a supervision order in respect of C.D pursuant to [give details of relevant application for review of supervision order]. *a review of a condition of a supervision order in respect of C.D pursuant to [give details of relevant application for review of condition]. THE GROUNDS on which it is contended that the declaration is necessary to address the risk of C.D. committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence or an offence referred to in Schedule 3 of the Act are: [specify grounds] Date: [Signed] for and on behalf of the Secretary to the Department of Justice and Regulation *Delete if not applicable Form 6–12E—Notice of application to extend intensive treatment and supervision condition
IN THE MATTER of an application under section 46 of that Act for an interim supervision order. BETWEEN The Secretary to the Department of Justice and Regulation Applicant and C.D. Respondent The Secretary to the Department of Justice and Regulation applies under section 46 of the Serious Offenders Act 2018 ("the Act") for an interim supervision order under section 47 of the Act in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act. *C.D. is an eligible offender within the meaning of section 8(1) of the Act in that— (a) C.D. is of or over the age of 18 years; (b) a custodial sentence for a serious sex offence or a serious violence offence was imposed on C.D., as follows [insert particulars]; and (c) C.D. is serving in Victoria— *that custodial sentence. *another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(ii) of the Act. *another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(iii) of the Act. NOTICE
*another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(iii) of the Act. *C.D. is an eligible offender within the meaning of section 8(2) of the Act in that— (a) C.D. is remanded in custody or is serving a custodial sentence for an offence [insert details]; and (b) at the time when C.D. was remanded in custody or to serve the custodial sentence, C.D.— *was the subject of an application for a supervision order, a detention order or an emergency detention order [insert details]. *was subject to a supervision an interim supervision order or an emergency detention order [insert details]. *C.D is an eligible offender within the meaning of section 8(3) of the Act in that C.D. is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order [insert details]. C.D. has not ceased to be an eligible offender by the operation of section 8(4) of the Act in relation to any relevant appeal. THIS APPLICATION is made upon the grounds that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence if a detention order or a supervision order is not made and C.D. is in the community and that that risk would be unacceptable unless a renewed detention order were made. THE GROUNDS on which it is contended that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence if a detention order or a supervision order is not