Serious Sex Offenders Monitoring Act 2005 (Vic): A therapeutic jurisprudence analysis

In May 2005, the Serious Sex Offenders Monitoring Act 2005 (Vic) was enacted to enable up to 15 years of conditional supervision and treatment to occur subsequent to the expiry of a criminal sentence or parole. Such legislation reflects changes occurring in other parts of Australia and New Zealand regarding increased community protection. The article will conduct a therapeutic jurisprudence analysis from the perspective of a forensic psychologist. In determining whether the Act is likely to maximise community protection, the analysis will focus upon legal procedures, the role of forensic psychologists and substantive law. The analysis will identify psycho-legal soft spots to anticipate areas where procedures, roles, and the law may be anti-therapeutic. Therapeutic enhancements to procedures and roles to engage the sex offender are proposed in order to balance individual autonomy with community protection needs. Any future development of legislation designed for community protection against offenders must include forensic researchers and practitioners with relevant expertise.