Victorian Numbered Regulations Victorian Numbered Regulationsr. 10
After Form 10 in the Schedule to the Principal Regulations insert —
" FORM 10A
Regulation 19A
HOME DETENTION ORDER
Ref. No.
To: Date of Birth
Of:
The Court at on convicted you of:
The order commences on and ends on .
Your sentence is to be served by way of home detention.
The core conditions that apply to all home detention orders are that YOU MUST:
• be of good behaviour and must not commit any offence during the period of the order;
• advise the Secretary to the Department of Justice as soon as possible if arrested or detained by a member of the police force;
• reside only at premises approved by the Secretary to the Department of Justice;
• remain at the approved residence at all times other than––
• when the absence is authorised by the Secretary to the Department of Justice; or
• when it is unsafe to remain there due to immediate danger (such as fire, family violence or medical emergency); or
• when a person residing at the approved residence has withdrawn his or her consent under section 26W of the Sentencing Act 1991 ;
• adhere to a specified activity plan during authorised absences from the approved residence that––
• sets out the activities that you must carry out in accordance with the other core conditions;
• is approved or arranged by the Secretary to the Department of Justice;
• advise the Secretary to the Department of Justice as soon as practicable after departure from the approved residence because––
• it was unsafe to remain there due to immediate danger; or
• a person residing at the approved residence has withdrawn his or her consent under section 26W of the Sentencing Act 1991 ;
• accept any visit to the approved residence by the Secretary to the Department of Justice at any time;
• submit to searches of places or things under your immediate control as required by the Secretary to the Department of Justice;
• submit to electronic monitoring (including voice recording) of compliance with the home detention order and comply with all instructions given by the Secretary to the Department of Justice in relation to the operation of the monitoring systems;
• not tamper with, damage or disable monitoring equipment;
• comply with any reasonable direction of the Secretary to the Department of Justice in relation to association with specified persons;
• not consume alcohol;
• not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;
• submit, as required by the Secretary to the Department of Justice, to breath testing, urinalysis or other test procedures approved by the Secretary for detecting alcohol or drug use;
• accept any reasonable direction of the Secretary to the Department of Justice in relation to the maintenance of or obtaining of employment;
• inform any employer of the home detention order and, if directed by the Secretary to the Department of Justice, of the nature of the offence that occasioned it;
• authorise and make reasonable attempts to facilitate contact between any of your employers and the Secretary to the Department of Justice;
• engage in personal development activities or in counselling or treatment programs, as directed by the Secretary to the Department of Justice;
• undertake unpaid community work (not exceeding 20 hours per week) as directed by the Secretary to the Department of Justice when not otherwise employed;
• not possess or have in your control––
• any firearm; or
• any prohibited weapon within the meaning of the Control of Weapons Act 1990 ; or
• any controlled weapon or dangerous article within the meaning of the Control of Weapons Act 1990 in contravention of that Act;
• comply with any restitution order or compensation order made under section 84 or 86(1) of the Sentencing Act 1991 (whether before or after making of the home detention order) in relation to the offence for which the home detention order is made;
• comply with all reasonable directions made by the Secretary to the Department of Justice.
The special conditions that apply in addition to these core conditions are that YOU MUST:
[ insert special condition(s) ]
You must go directly to the approved residence located at:
Your supervising Community Corrections Centre is situated at:
I understand the effect and conditions of this order and consent to it being made. I understand the obligations of this order and have given an undertaking to comply with the order.
Signature of Offender
This order was made on
Signature of Judge/Magistrate
__________________".