Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

82A Review of residential treatment order by sentencing court

(1)If on an application under this subsection the court which imposed a residential treatment order under section 82AA is satisfied—it may confirm, vary or cancel the residential treatment order.

S. 82A(1) amended by No. 65/2011 s. 40(1).

(a)that the offender is not complying with the residential treatment order; or

(b)that the needs of the offender are not being met by the residential treatment order; or

S. 82A(2)(b) substituted by No. 65/2011 s. 40(2).

(c)that the residential treatment order is no longer appropriate—

S. 82A(2)(c) substituted by No. 65/2011 s. 40(3).

(2)An application under subsection (1) may be made at any time while the residential treatment order is in force by—

(a)the offender; or

(b)the Secretary; or

(c)the Secretary to the Department of Human Services.

(3)Notice of an application under subsection (1) must be given—

(a)to the offender; and

(b)to the Director of Public Prosecutions (if the sentencing court was the Supreme Court or the County Court) or to the informant or police prosecutor (if the sentencing court was the Magistrates' Court).

(4)The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the hearing of the application.

(5)If the court cancels the residential treatment order, it may cancel the sentence and, subject to subsection (6), deal with the offender for the offence or offences with respect to which the sentence was imposed in any manner in which the court could deal with the offender if it had just found the offender guilty of that offence or those offences.

(6)In determining how to deal with an offender following the cancellation by it of a sentence, a court must take into account the extent to which the offender had complied with the sentence before its cancellation.