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Melbourne CCO Breach Lawyers
An alleged breach of a CCO, parole or supervision order can put your liberty at immediate risk, including imprisonment on the same day.
Lauren Tye represents clients in breach, parole, supervision order and post-sentence matters across Victoria, with careful preparation focused on the order, the alleged breach and your progress since.
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Years Criminal Defence Experience
Alleged breaches of Community Correction Orders, including missed Corrections appointments, non-attendance at treatment or programs, unpaid community work issues, and further offending while on an order.
Adult Parole Board matters, parole cancellation hearings, alleged breaches of parole conditions, arrest warrants, and submissions to avoid cancellation or return to custody.
Alleged breaches of supervision or detention orders under the Serious Offenders Act 2018 (Vic), including curfew, electronic monitoring, treatment, residence and reporting conditions.
Applications to vary, suspend or cancel a Community Correction Order due to health issues, work commitments, caring responsibilities or progress in rehabilitation.
Applications under the Spent Convictions Act 2021 (Vic) to have eligible convictions treated as spent, so they no longer appear on most disclosable police checks.
Advice and representation for condition variations, order transfers, release planning and other matters arising after sentence.
| Charge | Legislation | Max Penalty | Typical Court / Body |
|---|---|---|---|
| Sentencing Order & CCO Breaches | |||
| Breach / Contravention of Community Correction Order (CCO) | Sentencing Act 1991 (Vic), s 83AD | 3 months' imprisonment; original sentence may be re-opened | Magistrates' / County / sentencing court |
| Particular Contraventions of Secretary Directions under a CCO | Sentencing Act 1991 (Vic), s 83AE | Level 11 fine | Magistrates' / sentencing court |
| Failure to Obey Written Direction of Secretary under a CCO | Sentencing Act 1991 (Vic), s 83AF | Level 11 fine | Magistrates' / sentencing court |
| Breach / Contravention of Order for Release on Adjournment | Sentencing Act 1991 (Vic), s 83AC | Level 10 fine; original matter may be dealt with further | Magistrates' / sentencing court |
| Failure to Comply with Drug and Alcohol Treatment Order | Sentencing Act 1991 (Vic), Part 3A (incl. ss 18ZL, 18ZP) | Custodial activation, variation, cancellation or re-sentencing consequences | Drug Court / sentencing court |
| Breach of Alcohol Exclusion Order | Sentencing Act 1991 (Vic), s 89DF | 2 years' imprisonment | Magistrates' / sentencing court |
| Parole & Custodial Permit Breaches | |||
| Breach of Parole Condition | Corrections Act 1986 (Vic), s 78A | 3 months' imprisonment; 30 penalty units; or both | Magistrates' Court |
| Parole Cancellation / Return to Custody | Corrections Act 1986 (Vic), ss 77–78 | Cancellation of parole; return to custody; re-parole consequences may apply | Adult Parole Board |
| Breach of Custodial Community Permit | Corrections Act 1986 (Vic), s 58 | 3 years' imprisonment | Magistrates' / County Court |
| Bail Breaches | |||
| Failure to Answer Bail | Bail Act 1977 (Vic), s 30 | 2 years' imprisonment | Magistrates' / County / Supreme Court |
| Contravene Certain Conduct Conditions of Bail | Summary Offences Act 1966 (Vic), s 49F | 3 months' imprisonment; 30 penalty units; or both | Magistrates' Court |
| Commit Indictable Offence While on Bail | Bail Act 1977 (Vic), s 30B | 3 months' imprisonment; 30 penalty units; or both | Magistrates' / sentencing court |
| Family Violence & Personal Safety Order Breaches | |||
| Contravention of Family Violence Safety Notice | Family Violence Protection Act 2008 (Vic), s 37 | 2 years' imprisonment; 240 penalty units; or both | Magistrates' Court |
| Contravention of FV Safety Notice Intending Harm or Fear | Family Violence Protection Act 2008 (Vic), s 37A | 5 years' imprisonment; 600 penalty units; or both | Magistrates' / County Court |
| Contravention of Family Violence Intervention Order (incl. recognised DVOs) | Family Violence Protection Act 2008 (Vic), s 123 | 2 years' imprisonment; 240 penalty units; or both | Magistrates' Court |
| Contravention of FVIO Intending Harm or Fear | Family Violence Protection Act 2008 (Vic), s 123A | 5 years' imprisonment; 600 penalty units; or both | Magistrates' / County Court |
| Persistent Contravention of FV Safety Notice / Intervention Order | Family Violence Protection Act 2008 (Vic), s 125A | 5 years' imprisonment; 600 penalty units; or both | Magistrates' / County Court |
| Contravention of Counselling Order | Family Violence Protection Act 2008 (Vic), s 130 | 10 penalty units | Magistrates' Court |
| Contravention of Personal Safety Intervention Order | Personal Safety Intervention Orders Act 2010 (Vic), s 100 | 2 years' imprisonment; 240 penalty units; or both | Magistrates' Court |
| Supervision, Firearm Prohibition & Serious Crime Order Breaches | |||
| Breach / Contravention of Supervision Order or Interim Supervision Order | Serious Offenders Act 2018 (Vic), s 169 | 5 years' imprisonment | Supreme Court / County Court |
| Firearm Prohibition Order Contraventions | Firearms Act 1996 (Vic), Part 4A (ss 112B, 112CA, 112O, 112P) | Up to 10 years' imprisonment depending on contravention | Magistrates' / County Court |
| Contravention of Serious Crime Prevention Order | Criminal Organisations Control Act 2012 (Vic), s 31 | 5 years' imprisonment; 600 penalty units; or both | County / Supreme Court |
| Fines Enforcement Breaches | |||
| Contravention of Fine Conversion Order | Sentencing Act 1991 (Vic), s 83ADA | Level 10 fine | Magistrates' Court |
| Contravention of Fine Default Unpaid Community Work Order | Sentencing Act 1991 (Vic), s 83ADB | Level 10 fine | Magistrates' Court |
| Contravention of Community Work Permit | Fines Reform Act 2014 (Vic), s 160 | 10 penalty units; permit may be varied, cancelled or further enforcement may follow | Magistrates' Court |
| Post-Sentence Applications & Reviews (Victoria) | |||
| Application to Vary or Cancel a CCO | Sentencing Act 1991 (Vic), ss 48M–48N | Order varied, cancelled, discharged or otherwise dealt with | Court that made the original order |
| Judicial Monitoring Hearing | Sentencing Act 1991 (Vic), s 48L | Court review of compliance and progress under judicial monitoring | Sentencing court |
| Application to Vary Bail Conditions | Bail Act 1977 (Vic), ss 18AC–18AD | Bail conditions varied, imposed or discharged | Magistrates' / County / Supreme Court |
| Application to Vary Alcohol Exclusion Order | Sentencing Act 1991 (Vic), s 89DG | Alcohol exclusion order varied | Court that made the order |
| Rehearing After Conviction or Sentence in Absence | Criminal Procedure Act 2009 (Vic), s 88 | Charge reheard after ex parte outcome | Magistrates' Court |
| Appeal from Magistrates' Court | Criminal Procedure Act 2009 (Vic), Part 6.1, esp. s 254 | Appeal against conviction and sentence, or sentence alone | County Court |
| Spent Conviction Order Application | Spent Convictions Act 2021 (Vic), s 11 | Order for an eligible conviction to become spent | Magistrates' Court |
| Adult Parole Board Review / Re-Parole / Cancellation Submissions | Corrections Act 1986 (Vic), ss 74, 77–78 | Parole granted, denied, cancelled, varied or re-parole considered | Adult Parole Board |
| Serious Offenders Act Supervision / Detention / Renewal / Review | Serious Offenders Act 2018 (Vic), Parts 3–8 | Supervision, detention, renewal, review or condition variation | Supreme / County Court |
| CMIA Supervision / Non-Custodial Supervision Order Applications | Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), ss 38ZO–38ZP | Variation, revocation or review of forensic supervision orders | Supreme / County Court |
| Youth Justice Order Breaches / Variation / Revocation | Youth Justice Act 2024 (Vic); transitional CYFA 2005 (Vic) provisions | Variation, revocation or further youth justice consequences | Children's Court |
Sentencing Act 1991 (Vic), s 83AD
3 months' imprisonment; original sentence may be re-opened
Magistrates' / County / sentencing court
Sentencing Act 1991 (Vic), s 83AE
Level 11 fine
Magistrates' / sentencing court
Sentencing Act 1991 (Vic), s 83AF
Level 11 fine
Magistrates' / sentencing court
Sentencing Act 1991 (Vic), s 83AC
Level 10 fine; original matter may be dealt with further
Magistrates' / sentencing court
Sentencing Act 1991 (Vic), Part 3A (incl. ss 18ZL, 18ZP)
Custodial activation, variation, cancellation or re-sentencing consequences
Drug Court / sentencing court
Sentencing Act 1991 (Vic), s 89DF
2 years' imprisonment
Magistrates' / sentencing court
Corrections Act 1986 (Vic), s 78A
3 months' imprisonment; 30 penalty units; or both
Magistrates' Court
Corrections Act 1986 (Vic), ss 77–78
Cancellation of parole; return to custody; re-parole consequences may apply
Adult Parole Board
Corrections Act 1986 (Vic), s 58
3 years' imprisonment
Magistrates' / County Court
Bail Act 1977 (Vic), s 30
2 years' imprisonment
Magistrates' / County / Supreme Court
Summary Offences Act 1966 (Vic), s 49F
3 months' imprisonment; 30 penalty units; or both
Magistrates' Court
Bail Act 1977 (Vic), s 30B
3 months' imprisonment; 30 penalty units; or both
Magistrates' / sentencing court
Family Violence Protection Act 2008 (Vic), s 37
2 years' imprisonment; 240 penalty units; or both
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 37A
5 years' imprisonment; 600 penalty units; or both
Magistrates' / County Court
Family Violence Protection Act 2008 (Vic), s 123
2 years' imprisonment; 240 penalty units; or both
Magistrates' Court
Family Violence Protection Act 2008 (Vic), s 123A
5 years' imprisonment; 600 penalty units; or both
Magistrates' / County Court
Family Violence Protection Act 2008 (Vic), s 125A
5 years' imprisonment; 600 penalty units; or both
Magistrates' / County Court
Family Violence Protection Act 2008 (Vic), s 130
10 penalty units
Magistrates' Court
Personal Safety Intervention Orders Act 2010 (Vic), s 100
2 years' imprisonment; 240 penalty units; or both
Magistrates' Court
Serious Offenders Act 2018 (Vic), s 169
5 years' imprisonment
Supreme Court / County Court
Firearms Act 1996 (Vic), Part 4A (ss 112B, 112CA, 112O, 112P)
Up to 10 years' imprisonment depending on contravention
Magistrates' / County Court
Criminal Organisations Control Act 2012 (Vic), s 31
5 years' imprisonment; 600 penalty units; or both
County / Supreme Court
Sentencing Act 1991 (Vic), s 83ADA
Level 10 fine
Magistrates' Court
Sentencing Act 1991 (Vic), s 83ADB
Level 10 fine
Magistrates' Court
Fines Reform Act 2014 (Vic), s 160
10 penalty units; permit may be varied, cancelled or further enforcement may follow
Magistrates' Court
Sentencing Act 1991 (Vic), ss 48M–48N
Order varied, cancelled, discharged or otherwise dealt with
Court that made the original order
Sentencing Act 1991 (Vic), s 48L
Court review of compliance and progress under judicial monitoring
Sentencing court
Bail Act 1977 (Vic), ss 18AC–18AD
Bail conditions varied, imposed or discharged
Magistrates' / County / Supreme Court
Sentencing Act 1991 (Vic), s 89DG
Alcohol exclusion order varied
Court that made the order
Criminal Procedure Act 2009 (Vic), s 88
Charge reheard after ex parte outcome
Magistrates' Court
Criminal Procedure Act 2009 (Vic), Part 6.1, esp. s 254
Appeal against conviction and sentence, or sentence alone
County Court
Spent Convictions Act 2021 (Vic), s 11
Order for an eligible conviction to become spent
Magistrates' Court
Corrections Act 1986 (Vic), ss 74, 77–78
Parole granted, denied, cancelled, varied or re-parole considered
Adult Parole Board
Serious Offenders Act 2018 (Vic), Parts 3–8
Supervision, detention, renewal, review or condition variation
Supreme / County Court
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), ss 38ZO–38ZP
Variation, revocation or review of forensic supervision orders
Supreme / County Court
Youth Justice Act 2024 (Vic); transitional CYFA 2005 (Vic) provisions
Variation, revocation or further youth justice consequences
Children's Court
| Charge | Legislation | Max Penalty | Typical Court / Body |
|---|---|---|---|
| Commonwealth Breach Charges & Release-Order Matters | |||
| Breach of Commonwealth Recognizance / Conditional Release / Good Behaviour Order | Crimes Act 1914 (Cth), ss 19B, 20, 20A | Court may revoke the order, impose a penalty or deal further with the original federal offence | Sentencing court |
| Application to Vary or Discharge Commonwealth Recognizance Conditions | Crimes Act 1914 (Cth), s 20AA | Conditions varied, discharged or continued | Sentencing court |
| Breach of Federal Sentencing Alternative / Federal CCO-Style Order | Crimes Act 1914 (Cth), ss 20AB–20AC | Consequences under applied State/Territory order provisions; federal sentence may be revisited | Sentencing court |
| Breach of Commonwealth Parole or Licence | Crimes Act 1914 (Cth), Part IB; parole/licence provisions | Revocation of parole or licence; return to custody; further imprisonment | Commonwealth parole decision-maker / court |
| Further Offence While on Commonwealth Parole | Crimes Act 1914 (Cth), incl. s 19AQ | Parole or licence may be revoked; further imprisonment consequences may apply | Sentencing court / Commonwealth parole decision-maker |
| Breach of Commonwealth Psychiatric Probation Order | Crimes Act 1914 (Cth), ss 20BV–20BX | Court may enforce, vary, revoke or otherwise deal with the person under the federal order | Sentencing court |
| Breach of Commonwealth Program Probation Order | Crimes Act 1914 (Cth), s 20BY and related provisions | Court may enforce, vary, revoke or otherwise deal with the person under the federal order | Sentencing court |
| Commonwealth Bail Breach / Failure to Attend in a Federal Matter Heard in Victoria | Bail Act 1977 (Vic), ss 30 & 30B; Summary Offences Act 1966 (Vic), s 49F | Failure to answer bail, indictable offence on bail, or contravening conduct conditions may trigger Victorian bail offence consequences | Victorian court hearing the federal matter |
| Commonwealth Control Order Contravention | Criminal Code Act 1995 (Cth), Div 104, esp. s 104.27 | 5 years' imprisonment | Federal Court / relevant criminal court |
| Commonwealth Extended / Interim Supervision Order Contravention | Criminal Code Act 1995 (Cth), Div 105A, esp. s 105A.18A | 5 years' imprisonment | Supreme Court / Federal Court-related proceeding |
| Commonwealth Community Safety Supervision Order Contravention | Criminal Code Act 1995 (Cth), Part 9.10, esp. s 395.38 | Serious Commonwealth post-sentence breach consequences; mandatory minimum provisions may apply | Supreme Court / Federal Court-related proceeding |
Crimes Act 1914 (Cth), ss 19B, 20, 20A
Court may revoke the order, impose a penalty or deal further with the original federal offence
Sentencing court
Crimes Act 1914 (Cth), s 20AA
Conditions varied, discharged or continued
Sentencing court
Crimes Act 1914 (Cth), ss 20AB–20AC
Consequences under applied State/Territory order provisions; federal sentence may be revisited
Sentencing court
Crimes Act 1914 (Cth), Part IB; parole/licence provisions
Revocation of parole or licence; return to custody; further imprisonment
Commonwealth parole decision-maker / court
Crimes Act 1914 (Cth), incl. s 19AQ
Parole or licence may be revoked; further imprisonment consequences may apply
Sentencing court / Commonwealth parole decision-maker
Crimes Act 1914 (Cth), ss 20BV–20BX
Court may enforce, vary, revoke or otherwise deal with the person under the federal order
Sentencing court
Crimes Act 1914 (Cth), s 20BY and related provisions
Court may enforce, vary, revoke or otherwise deal with the person under the federal order
Sentencing court
Bail Act 1977 (Vic), ss 30 & 30B; Summary Offences Act 1966 (Vic), s 49F
Failure to answer bail, indictable offence on bail, or contravening conduct conditions may trigger Victorian bail offence consequences
Victorian court hearing the federal matter
Criminal Code Act 1995 (Cth), Div 104, esp. s 104.27
5 years' imprisonment
Federal Court / relevant criminal court
Criminal Code Act 1995 (Cth), Div 105A, esp. s 105A.18A
5 years' imprisonment
Supreme Court / Federal Court-related proceeding
Criminal Code Act 1995 (Cth), Part 9.10, esp. s 395.38
Serious Commonwealth post-sentence breach consequences; mandatory minimum provisions may apply
Supreme Court / Federal Court-related proceeding
"Typical Court / Body" is a practical guide only. Where a breach is proved, the court may also re-open and re-sentence the original matter.
This is general information only and does not constitute legal advice. Penalties and procedures change — for advice about your specific matter, contact Lauren.
Client charged with breach of CCO after missing reporting appointments and being found guilty of a further summary matter. Lauren obtained updated treatment reports, employer references and evidence of stable housing, and made detailed submissions on the client’s progress since sentence.
Client on parole for serious offending was alleged to have breached residence and reporting conditions. Lauren prepared written representations to the Adult Parole Board, supported by treatment evidence, accommodation confirmation and family support material.
Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.
Lauren will review the allegation, explain your options, and prepare the matter strategically. For urgent breach or post-sentence advice, contact Lauren Tye on 0451 877 714.
These cases are not only about whether a breach occurred. The court may consider the seriousness of the breach, the original sentence, your overall compliance and your progress since the order was made. How that evidence is gathered and presented can directly affect the outcome.
Lauren Tye personally reviews each matter, including the alleged breach, the original sentencing remarks and the steps taken since sentence. She prepares targeted supporting material and advocates for outcomes that reflect your full circumstances, not just the alleged contravention.
Many breaches can be resolved with the order continued, varied or without further penalty. More serious matters, including parole cancellation and supervision order contraventions, require careful preparation from the outset.
You may be served with a breach notice or summons, contacted by Corrections, or notified that the Adult Parole Board has issued a warrant. How you respond at this stage can affect the entire matter.
Before speaking to police, Corrections, case managers or the Parole Board about the allegation, get advice. Anything you say can be used in the breach proceeding.
Lauren examines the alleged breach, the original sentence, your compliance history and the evidence Corrections or police rely on, and identifies the strongest available position.
Lauren gathers updated treatment, employment, accommodation and rehabilitation evidence, and prepares targeted submissions to the court, prosecutor or Adult Parole Board.
Lauren appears at breach hearings, variation and cancellation applications, and Adult Parole Board representations, and advises on re-sentencing risk and post-sentence consequences throughout.
Available 24/7 including nights, weekends, and public holidays.
All enquiries are strictly confidential.
Direct access to your lawyer, not a call centre or junior associate.
Call Lauren directly on nights, weekends, and public holidays.
Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.
Your initial consultation is free. All enquiries are strictly confidential.
What laws apply to breach and post-sentence matters in Victoria?
Will a breach automatically mean my order is cancelled or I go to custody?
Where are breach and post-sentence matters heard?
When should I contact a lawyer about an alleged breach?
This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.
Which Court Will Hear Your Breach or Post-Sentence Matter?
avMost breach matters return to the court that made the original order. Summary matters are usually heard in the Magistrates’ Court, while indictable matters may return to the County Court or Supreme Court.
Parole cancellation is dealt with by the Adult Parole Board. Supervision order matters under the Serious Offenders Act 2018 (Vic) are generally heard in the Supreme Court of Victoria.
Lauren Tye appears in courts across metropolitan Melbourne and regional Victoria, and represents clients before the Adult Parole Board and in higher court breach proceedings.
