In Victoria, people who have been convicted of a serious violence or serious sex offence or those convicted of both and who present an unacceptable risk to the community can be made subject to ongoing supervision or detention after they have served their prison sentence. Supervision and Detention Orders can only be made by the courts with the purpose of:
The post sentence scheme is not the same as parole. Post sentence orders allow for continued supervision once a person has completed their prison sentence. A prisoner on parole is still serving their prison sentence, even though they are living in the community. After they have served their prison sentence, they are no longer supervised by the Adult Parole Board. For information about parole click here - What is parole? | Adult Parole Board. (External link)
Eligibility
A post sentence order can only be made for people who have been sentenced to imprisonment for a serious sex offence or a serious violence offence.
This approach ensures that the post sentence scheme can focus on protecting the community from people who present with the highest risks of harm.
A court relies on an assessment from a registered specialist in psychiatry or psychology when making an order. The report assesses the person’s risks if an order is not made.
The scheme at a glance
What are Supervision Orders and Detention Orders
Supervision Order
Supervision Orders require the person to comply with strict conditions whilst living in the community. They are made by the County Court or Supreme Court for up to 15 years and are regularly reviewed. The Court can renew the order if satisfied that a person remains an unacceptable risk of committing a serious sex offence or a serious violence offence.
Detention Order
Detention Orders require the person to be held in a purpose-built facility or prison but in accommodation that is separate to sentenced prisoners, even though they are not serving a sentence of imprisonment. Detention Orders can only be made by the Supreme Court for a person on a Supervision Order for up to three years and must be reviewed annually. They can be renewed if the Court determines this is necessary.
The Authority does not have responsibility for the case management and clinical treatment of people on a post sentence order. The Post Sentence Branch within Corrections Victoria oversees the management of all people on post sentence orders.