The law in Victoria says that if a serious sex or violent offender is considered by the court to be an unacceptable risk to the community, after they have completed their full sentence, they may be placed on a:
- supervision order, or
- detention order.
An offender on a supervision order:
- must follow rules (conditions) decided by the court
- is supervised in the community or residential facility after they are released from prison.
- can last for up to 15 years
- must be reviewed at least every three years by the court.
If an offender is still considered an unacceptable risk to the community after the end of 15 years, a supervision order may be renewed.
An offender on a detention order is detained even after they have completed their sentence, which means they stay in a purpose-built facility within a prison.
- can be made for up to three years
- can be renewed for extra periods of three years
- must be reviewed by the Supreme Court at least once a year.
You can learn more about the post sentence scheme at the Post Sentence Authority website.
Victims can have a say about supervision and detention orders
If you are a victim of an offender who has been placed on a supervision order or a detention order, you can apply to go on the Victims Register.
If you are on the Victims Register:
- they can inform you if a supervision or detention order is being considered for the offender
- they will contact you and invite you to provide a victim submission to the court.
The purpose of the submission to the court is so that you can ask for conditions for the offender that could help improve your safety. For example, you may ask that the offender cannot live in a particular area or town where you live or work.
When the court sets conditions for an offender’s order, it may allow the Post Sentence Authority to change some of them over time to help with the management of the offender or facilitate their rehabilitation and transition back into the community. For example, an offender may move from a facility into the community or there may be change in their electronic monitoring or curfew rules.
When the Post Sentence Authority changes a condition, it is called giving a direction to the offender.
If you are on the Victims Register, the Post Sentence Authority (working with the Victims Register) may ask for your views about how you may be affected if it gives a new direction to the offender. This is called a victim submission. If this occurs, the Victim Register will explain to you each step of the process and ensure that you have the necessary support to provide your views to the Post Sentence Authority.
It is your choice if you want to make a submission to the Post Sentence Authority, you are under no obligation to do so. The Post Sentence Authority welcomes submissions from victims of crime, and it takes every submission that it receives into consideration.
If you decide not to make a submission and have previously provided your views on a victim submission to the court, the Post Sentence Authority may review your previous submission to understand how you may be affected by the new direction.