The history of SCPOs in Victoria
In October 2024, the Victorian Parliament passed sweeping reforms under the Criminal Organisations Control Amendment Act 2024, which significantly overhauled how serious and organised crime is tackled in the state. One standout change is the replacement of the previous declarations and control orders framework with a brand-new Serious Crime Prevention Order (SCPO) regime.
These SCPOs are designed to enable Victoria Police through the Chief Commissioner to seek court orders imposing tailored restrictions on individuals either convicted of serious criminal activity, or believed to pose a serious risk due to likelihood of engaging in such behaviour.
How does an SCPO affect you?
Where it’s found in law SCPOs are introduced in Part 2 of the Act, with clear procedural rules for how they’re made, varied, or revoked outlined in Division 1.
Conditions and restrictions
Under this scheme, the Chief Commissioner may apply to the court in writing, supported by affidavit, specifying the individual, grounds, desired conditions, and any past related application. The court may issue an SCPO if it is satisfied that:
- The individual is an eligible offender, or has been involved in serious criminal activity as an adult;
- There are reasonable grounds the SCPO will protect the public by stopping or inhibiting further serious criminal involvement;
- The conditions are appropriate in all the circumstances .
Typical conditions
The courts have a wide variety of restrictions they may choose to impose including but not limited to restricting access to specified places, prohibiting association with specified groups and in some cases banning travel out of Australia or even Victoria.
The SCPO must clearly identify who it applies to, the reasoning, the specific conditions, and the date it is made.
Duration & service
An SCPO can last up to five years, with a specified effective start date and duration . It must be served on the individual within seven days of issuance .
Variation or revocation
The Chief Commissioner may apply to vary or revoke an order. The affected individual can also make such an application with court leave if there is a substantial change in circumstances. Applications must be in writing, supported by affidavit, and served accordingly.
Key takeaways
- The SCPO replaces the old control/declaration order scheme, offering a more flexible and comprehensive tool to disrupt serious criminal activity.
- It empowers courts to impose highly specific restrictions tailored to each case, ranging from movement limitations to financial and communication controls.
- SCPOs last up to five years and come with due process: written applications, affidavits, court transparency, and rights to challenge or modify the order.
Importance and impact on justice
With serious and organised crime costing the Australian community an estimated $60 billion annually, Victoria needed stronger mechanisms to deter and contain these threats. The SCPO scheme empowers law enforcement with a sharper, more adaptable tool,while embedding safeguards through judicial oversight.
