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Detention and supervision orders

Detention Orders and Supervision Orders were introduced under the Serious Sex Offenders (Detention and Supervision) Act 2009.

The Act’s main purpose 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 Act is to facilitate the treatment and rehabilitation of such offenders.

Detention Orders

Detention Orders require the continued detention in prison of those serious sex offenders who still pose an unacceptable risk if the offender was to remain in the community.

Detention Orders:

  • are determined by the Supreme Court of Victoria
  • can be made for up to three years and can be renewed for further periods of three years
  • must be reviewed by the Supreme Court annually or at a shorter interval if required by the court

Applications for Detention Orders are made by the Director of Public Prosecutions before eligible offenders have completed their sentence.

The Detention and Supervision Order Division (DSO Division) of the Adult Parole Board 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.

Supervision Orders:

  • can be determined by either the County Court or Supreme Court
  • can be made for up to 15 years and can be renewed for further periods of up to 15 years
  • must be reviewed every three years by the court, or within a shorter period as specified by the court
  • can include core and suggested conditions imposed by the court

Applications for Supervision Orders are made by the Secretary of the Department of Justice & Regulation before eligible offenders have completed their sentence.

The DSO Division of the Adult Parole Board is responsible for the administration and management of Supervision Orders.

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Read details of the Serious Sex Offenders (Detention and Supervision) Act 2009 on the Victorian Legislation website (External link)