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.

82AA Residential treatment order

(1)A court may make an order directing that the offender be detained for a period of up to 5 years in a specified residential treatment facility to receive specified treatment if—

(a)the offender has been found guilty of a serious offence within the meaning of the definition of serious offence in section 3(1); or

S. 82AA(1)(a) amended by No. 26/2012 s. 59.

(b)the offender has been found guilty of an offence against section 40(1) (sexual assault), or section 41(1) (sexual assault by compelling sexual touching), of the Crimes Act 1958.

S. 82AA(1)(b) substituted by No. 74/2014 s. 19(2).S. 82AA(2)(b) amended by No. 19/2019 s. 269(2).

(2)If a court is considering making a residential treatment order the court may request—

(a)a pre-sentence report in accordance with Division 1A of Part 3; and

(b)a statement from the Secretary to the Department of Health and Human Services that the person has an intellectual disability within the meaning of the Disability Act 2006; and

(c)a plan of available services.

(3)A court may only make a residential treatment order if the Secretary to the Department of Health and Human Services has specified—

S. 82AA(3) amended by No. 19/2019 s. 269(2).

(a)that the person is suitable for admission to a residential treatment facility; and

(b)in the plan of available services, that services are available in a residential treatment facility.

(4)If a court makes a residential treatment order it must cause a copy of the order to be supplied to the Secretary to the Department of Health and Human Services.

S. 82AA(4) amended by No. 19/2019 s. 269(2).