In Victoria, the Serious Offenders Act 2018 Vic (the Act) enhances the protection of the community by allowing a court to impose Supervision Orders and Detention Orders for people convicted of serious violence and or sex offences who:
- have completed their sentence, and
- present an unacceptable risk of committing further serious sex or violence offences.
The Authority has the following key functions under the Act:
- convene hearings and make decisions
- give directions and instructions to people on Orders
- review the progress and compliance of people on Orders via Coordinated Services Plans
- conduct inquiries into alleged contraventions of conditions of a Supervision Order or an Interim Supervision Order.
The Authority considers and reviews the information it receives in a responsive and proactive way, building a detailed understanding of each person’s behaviour, risk, compliance, and progress on their order. This often involves the Authority reviewing material and conducting hearings outside business hours.
Monitoring people’s behaviour includes closely and carefully keeping track of situations where a person’s risk of serious reoffending may increase. It also includes monitoring:
- positive progress and the reduction of risk
- services and support available to people
- engagement with services to manage and reduce their risk of reoffending.
Hearings
At least three members, including the Chairperson or Deputy Chairperson must be present at a hearing. Members are rotated to benefit from the full range of their experience and expertise. Decisions are collaborative.
Not all hearings require the attendance of the person on the order.
At hearings, the members consider reports, interview people on orders, seek further information from Corrections Victoria when required and make decisions.
Interviews
The Authority regularly meets with people on post sentence orders to monitor their progress. Speaking with people on orders can help establish a relationship, providing an opportunity for people themselves to speak with the Authority, for the Authority to deliver its messages directly to people on orders, and for the Authority to explain certain decisions. Interviews can reinforce to the person on the order the importance of remaining engaged in treatment and rehabilitation services.
The Authority regularly reflects on whether and when to conduct an interview. There are key points at which an interview might be appropriate, such as when:
- a person commences a Supervision Order
- they are transitioning into less restrictive accommodation
- an Order is set to expire or be revoked
- when the Authority otherwise determines it is necessary
- a person on an Order makes a request for an interview.
Directions
The Authority can make formal directions under the Supervision Order conditions to help manage and contain a person’s risk of reoffending or to support their treatment and rehabilitation goals.
People on a post sentence order must comply with the Authority’s directions and may be prosecuted if they do not.
The Authority can respond quickly, including outside normal business hours, to consider making directions to reflect changes in circumstances, escalation of risk, and the daily management of people on post sentence orders. The Authority’s directions may relate to:
- where the person must reside
- their curfew hours
- if they are to be accompanied in the community
- where they can go
- with whom they can have contact and the circumstances for doing so
- whether they are electronically monitored to track their whereabouts or alcohol consumption
- their access to and use of computers and the internet
- whether they can consume alcohol.
The Authority directions may ease the restrictions set by a condition to reflect a person’s positive progress, or they may limit what the person can do if there has been an escalation of risk or poor behaviour. In considering whether to make a direction, the Authority is assisted by written reports from Corrections Victoria.
Inquiries into alleged contraventions
Ensuring that people comply with the conditions of their Supervision Order is a crucial element of the post sentence scheme.
If the Authority receives a report from Corrections Victoria alleging that a person on an order has contravened a condition of their Supervision Order, it may conduct a formal inquiry into the allegation. If it does so, it speaks directly with the person in a hearing to inform them of the details of the allegation and to provide them with the opportunity to respond to it.
Common condition contraventions include people:
- breaching their curfews
- possessing images of children
- entering prohibited areas or locations failing to provide a sample for drug testing
- using an internet capable device
- engaging in conduct that poses a risk to the good order of the facility where they reside or the safety of people at that facility.
Depending on the severity of the contravention, the Authority may:
- take no further action.
- give a formal warning to the person.
- issue or vary a direction to better manage the person's risk of reoffending.
- recommend that the Secretary of the Department of Justice and Community Safety apply to the court to review the conditions of the person's Supervision Order.
- recommend that the Secretary of the Department of Justice and Community Safety commence a criminal proceeding against the person in respect of the alleged contravention.
recommend that the Secretary of the Department of Justice and Community Safety refer the matter to the Director of Public Prosecutions to consider whether to apply for a Detention Order.
