Review of the Serious Offenders Act 2018

The Victorian Government welcomes the report and recommendations of the Review of the Serious Offenders Act 2018 (the Review) and thanks all stakeholders who contributed to the Review. 

The Serious Offenders Act 2018 (the Act), which commenced on 3 September 2018, legislated significant reforms to the post-sentence supervision and detention regime in Victoria following the Review of Complex Adult Victim Sex Offender Management (commonly known as the Harper Review). The Victorian Government accepted all of the Harper Review’s recommendations and invested over $390 million over the 2016-17 and 2017-18 state budgets to fund the implementation of the reforms using a phased approach. Importantly, the reforms expanded the scheme to capture serious violent offenders in addition to serious sex offenders. The reforms also included funding to build a 20-bed secure facility, the Rivergum Residential Treatment Centre, to accommodate and provide intensive treatment to the most serious offenders who cannot be managed in other facilities or in the community. 

The Harper Review recommended that the operation and effectiveness of the legislative reforms were reviewed within five years of commencement. The Review acquits that requirement. 

It is encouraging that the Review found that the Act is operating as intended and has strengthened Government’s ability to protect the community and support the rehabilitation and treatment of serious sexual and violent offenders. 

Between 30 June 2016 and 31 December 2022, there were 222 offenders who were subject to a post-sentence supervision or detention order. The majority were serious sex offenders. The Act plays an essential role in mitigating the risks to the community posed by some sexual and violent offenders after they leave prison. It enables the Courts to set conditions that offenders must comply with, including electronic monitoring, curfews, restrictions to internet access, no-go zones, and prohibiting alcohol consumption. The Act also empowers the independent Post Sentence Authority to monitor and review serious offenders in accordance with Court imposed conditions. 

The Review found that the scheme is capturing the ‘critical few’ identified by the Harper Review, with no indication of overreach. The Review should give the community confidence that the scheme strikes the right balance and is targeted to those who present an unacceptable risk.  

The Victorian Government also welcomes the Review’s recommendations to further enhance the Act to ensure that it continues to meet its primary aim of keeping the Victorian community safe. Many of the recommendations will require further policy development, which will commence immediately, and legislative change, which the Government will look to progress in the coming years.  

Government will also work closely with key stakeholders directly involved in the operation of the Act, including the independent Post Sentence Authority and the Multi-Agency Panel, to make the recommended policy and operational changes to improve the scheme.