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Serious Sex Offenders Detention and supervision orders

Detention and supervision orders are now available to the court as a post sentence option introduced under the Serious Sex Offenders (Detention and Supervision) Act 2009 (SSO(DS)A), which came into effect on 1 January 2010. The main purpose of the SSO(DS)A is to enhance the protection of the community by requiring offenders who have served custodial sentences for certain sexual offences and who present an unacceptable risk of harm to the community to be subject to ongoing detention or supervision. The secondary purpose of the SSO(DS)A is to facilitate the treatment and rehabilitation of such offenders.

The SSO(DS)A repeals the Serious Sex Offenders Monitoring Act 2005 (SSOMA), and extended supervision orders made under the SSOMA will gradually be replaced by supervision orders in accordance with the provisions of the Act.

Detention orders

Detention orders are a new form of order, and require the continued detention in prison for those serious sex offenders who still pose an unacceptable risk if the offender was to remain in the community.

Key features of detention orders include:

• Applications for detention are made by the Director of Public Prosecutions before an eligible offender has completed their sentence
• Detention order applications are determined by the Supreme Court of Victoria and can be made for up to three years and can be renewed for further periods of three years
• Detention orders must reviewed by the Supreme Court on an annual basis
• The Detention and Supervision Order Division (DSO Division) of the Adult Parole Board (APB) is responsible for reviewing and monitoring the progress of offenders on detention orders.

Supervision orders

Supervision orders provide for the post sentence supervision of serious sex offenders who pose an unacceptable risk of committing a relevant offence if a supervision order is not made and the offender is in the community.

Key features of supervision orders include:

• Applications for a supervision order are made by the Secretary to the Department of Justice before an eligible offender has completed their sentence
• Supervision order applications can be determined by either the County Court or Supreme Court and can be made for up to 15 years and can be renewed for further periods of up to 15 years
• Supervision orders must be reviewed every three years by the court, or within a shorter period as specified by the court
• The court can impose core conditions and suggested conditions on a Supervision Order which are specific to the management of the offender’s risk of sexual re-offending. The Court can also authorise the DSO Division of the APB to provide directions to an offender in relation to conditions.
• Conditions that can be imposed on a supervision order relate to: 
  • supervision
  • types of monitoring including electronic monitoring
  • residential and employment restrictions
  • contact restrictions with particular persons
  • prohibition of contact with children
  • impositions of curfews
  • other conditions as relevant to the offender
• The DSO Division of the Adult Parole Board is responsible for the administration and management of supervision orders.