Whether conduct posed a risk to the good order of the facility
Quick Take
1The phrase 'good order of the facility' in s 31(7) of the Serious Offenders Act 2018 (Vic) is to be given its ordinary English meaning in the context of managing secure residential treatment facilities, and encompasses the unimpeded maintenance of the facility and the ability of residents to enjoy their usual routines and freedoms; it is distinct from and less serious than conduct posing a risk to 'safety and welfare', and should be construed broadly consistent with analogous prison legislation.
2Where a facility activates emergency protocols in response to offender conduct, the reasonableness of the institutional response is assessed prospectively based on the risks as they appeared at the time, not with the benefit of hindsight; a reasonable institutional response does not break the chain of causation between the offender's conduct and the resulting disruption to good order.
3Multiple co-occurring personality disorders (borderline, paranoid, antisocial) that are causally linked to supervision order contraventions can establish a special reason under s 10A(2)(c)(i) of the Sentencing Act 1991 (Vic), substantially and materially reducing culpability where the offending is a manifestation of the combined traits of those disorders.
