(4B) A person is an eligible offender in relation to an application for a renewal of a detention order under section 45(1) if the person is subject to a detention order or an interim detention order at the time at which the application is made. (5) Despite any provision of this section a person is not an eligible offender if— conviction or finding of guilt in respect of the only relevant offence that makes him or her an eligible offender is set aside by a court; or or her sentence in respect of that offence is altered so that he or she would not have been an eligible offender had the amended sentence been the original sentence. 5 Offender still serving a sentence when on parole S. 5(1) amended by No. 26/2014 s. 455(Sch. item 26.3). (1) For the purposes of this Act, an offender is serving a custodial sentence even if he or she is released on parole in respect of that sentence from the prison, police gaol or a designated mental health service in which he or she has been serving that sentence. S. 5(2) amended by No. 26/2014 s. 455(Sch. item 26.4).
the day on which the offender is released from immigration detention. 12 Period of supervision (1) Unless sooner revoked, the period of a supervision is the period (not exceeding 15 years) determined by the court and specified in the order. (2) If an offender who is subject to a supervision order commences to serve a custodial sentence or is taken into custody on remand after the commencement of the order, the time spent in serving that sentence or in custody on remand is to be taken into account in calculating the remaining period of the order. (3) However the offender is not subject to the conditions of the order while the offender is serving that sentence or is in custody on remand. (4) The offender becomes subject to the conditions of the supervision order again on the offender's release on parole or at the end of the custodial sentence, whichever is earlier. S. 12(4A) inserted by No. 31/2017 s. 20. (4A) If an offender who is subject to a supervision order is taken into immigration detention after the commencement of the order— time in immigration detention is not to be taken into account in calculating the remaining period of the detention order; and
that the evidence is of sufficient weight to justify the decision. 38 Detention order (1) A detention must state that the Supreme Court is satisfied that the offender poses an unacceptable risk of committing a relevant offence if the detention order is not made and the offender is in the community. (2) A detention order must also specify— name of the offender in respect of whom the order is made; and date on which the order is made; and date on which the order commences as provided by section 39; and period of the order as provided by section 40; and latest date by an application for the first review of the order must be made under Part 5 and the maximum intervals between subsequent reviews. (3) A detention order must be signed by the judge who made it and include his or her name. 39 Commencement of detention order (1) If at the time of the making of a detention order the offender is serving a custodial sentence, the order commences on the day on which he or she completes the service of the custodial sentence or any consecutive custodial sentence.
section 4 or will no longer be remanded in custody or serving that sentence when that application is determined; and (iii) in the case of an application for renewal of a supervision order, the supervision order has expired or will have expired before that application can be determined; and appears to the court that the documentation supporting the application for the supervision order would, if proved, justify the making of a supervision order; and court is satisfied that it is in the public interest to make an interim supervision order, having regard to— S. 53(c)(i) amended by No. 31/2017 s. 29(2). reasons why the application referred to in paragraph (a) was not, or will not be, determined before the offender is released from custody on remand or the expiry of the sentence referred to in section 4 or the expiry of the supervision order (as the case requires); and (ii) any other matters that the court considers appropriate. Note
report tendered in any proceeding against the offender for a relevant offence. 89 Matters to which court may have regard Without limiting any other provision of this Act, the court hearing and determining an application under Part 2, 3, 4 or 5 may have regard to— the offender cooperated, or cooperated in the preparation of an assessment report or progress report, including in any examination for the purposes of an additional assessment under Part 8; and the offender did not cooperate, or did not cooperate fully, in the preparation of an assessment report or progress report, his or her reasons for this; and an assessment report or progress report was made without a personal examination of the offender. 90 Reasons for decisions A court that determines an application under Part 2, 3, 4 or 5 must— the reasons for its decision; and those reasons to be entered in the records of the court; and a copy of any order made by it to be provided to— Secretary; and
(1) A warrant issued under section 91 may be executed by any police officer and the person executing it may use any reasonable force that is necessary to enter any premises, vessel, aircraft or vehicle for the purpose of executing it. (2) The warrant may be executed even if the warrant is not at the time in the possession of the person executing it. (3) A person executing the warrant may only use the reasonable that is necessary for the execution of the warrant. S. 92(4) inserted by No. 32/2016 s. 34. (4) A person executing a warrant is not liable for injury or damage caused by the use of force in accordance with this section. 93 Arrested offender to be brought before court (1) If the offender is arrested under the warrant, he or she must be brought, as soon as practicable, before the court which issued the warrant which may— him or her to bail, with any security that the court thinks fit, on any conditions that the court thinks necessary to ensure his or her attendance at the hearing under Part 2, 3, 4, 5 or 7; or his or her continued detention in police custody for the purpose of ensuring his or her attendance at the hearing under Part 2, 3, 4, 5 or 7 until the conclusion of the hearing; or
announce that the police officer is authorised by law to enter the premises; and the police officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises. (2) A police officer need not comply with subsection (1) if the police officer reasonably suspects that immediate to the premises is required to ensure— safety of any person; or the prevention of a continuation of the breach of a condition of a supervision or interim supervision order is not frustrated; or the arrest in relation to the breach of a condition of a supervision order or interim supervision order is not frustrated. S. 171C inserted by No. 52/2015 s. 5. 171C Report to DSO division of Adult Parole Board (1) The Chief Commissioner of Police must advise the Secretary in writing of the exercise of any power of entry under section 171A. (2) The Secretary must report to the DSO division of the Adult Parole Board any exercise of a power of entry under section 171A. 172 Proceedings for offence S. 172(1) amended by No. 37/2014 s. 10(Sch. item 152.6).
Sch. 1 item 26 substituted by No. 47/2016 s. 42(2). 26 An offence against section 54A(1) of the Crimes Act 1958 (bestiality). Sch. 1 item 27 amended by Nos 74/2014 s. 32(2)(c), 52/2015 s. 39(1), 47/2016 s. 42(3). 27 An offence against section 76 of the Crimes Act 1958 (burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958. Sch. 1 item 28 amended by Nos 74/2014 s. 32(2)(c), 52/2015 s. 39(1), 47/2016 s. 42(3). 28 An offence against section 77 of the Crimes Act 1958 (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958. Sch. 1 item 29 amended by No. 63/2010 s. 81(Sch. item 11.1). 29 An offence against section 5(1) of the Sex Work Act 1994 (causing or inducing a child to take part in sex work).
Commencement Date: S. 100 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 Current State: This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Health Complaints Act 2016, No. 22/2016 Assent Date: 3.5.16 Commencement Date: Ss 245, 246 on 1.2.17: s. 2(2) : This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016, No. 32/2016 Assent Date: 31.5.16 Commencement Date: Ss 4–18, 30–39 on 1.6.16: s. 2(1); ss 19–29 on 31.10.16: Special Gazette (No. 319) 18.10.16 p. 1 : This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016 Assent Date: 6.9.16 Commencement Date: S. 42 on 1.7.17: s. 2(2) : This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Police and Justice Legislation Amendment (Miscellaneous) Act 2016, No. 54/2016 Assent Date: 18.10.16 Commencement Date: S. 37 on 19.10.16: s. 2(1) Current State: This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009 Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017 Assent Date: 16.5.17 Commencement Date: S. 134(Sch. 1 item 16) on 1.9.17: s. 2(3)