{"id":"qld:act-1945-011","name":"Criminal Law Amendment Act 1945","slug":"criminal-law-amendment-act-1945","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"11 of 1945","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105713,"registerId":"qld-act-1945-011-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Criminal Law Amendment Act 1945 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Parts of Act","content":"### sec.2 Parts of Act\n\ns 2 om 3 July 1989 RA s 36","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Interpretation","content":"### sec.2A Interpretation\n\nIn this Act—\ncorrective services facility see the Corrective Services Act 2006 , schedule 4 .\ns 2A def corrective services facility ins 2013 No. 53 s 4\noffence of a sexual nature includes any offence constituted wholly or partly by an act whereby the offender has exhibited a failure to exercise proper control over the offender’s sexual instincts and any offence in the circumstances associated with the committal whereof the offender has exhibited a failure to exercise such proper control over the offender’s sexual instincts, and includes an assault of a sexual nature.\nThis section shall be read as one with the Criminal Code and the Justices Act 1886 .\ns 2A ins 1946 11 Geo 6 No. 6 s 2\namd 2002 No. 23 s 3 sch\n(sec.2A-ssec.1) In this Act— corrective services facility see the Corrective Services Act 2006 , schedule 4 . s 2A def corrective services facility ins 2013 No. 53 s 4 offence of a sexual nature includes any offence constituted wholly or partly by an act whereby the offender has exhibited a failure to exercise proper control over the offender’s sexual instincts and any offence in the circumstances associated with the committal whereof the offender has exhibited a failure to exercise such proper control over the offender’s sexual instincts, and includes an assault of a sexual nature.\n(sec.2A-ssec.2) This section shall be read as one with the Criminal Code and the Justices Act 1886 .","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Probation of offenders convicted of sexual offences","content":"# Probation of offenders convicted of sexual offences","sortOrder":4},{"sectionNumber":"sec.17","sectionType":"section","heading":"Probation orders in cases of sexual offences","content":"### sec.17 Probation orders in cases of sexual offences\n\nA recognisance ordered to be entered into under orders in section 656 of the Criminal Code , by an offender who has been convicted of an offence of a sexual nature shall, if the court or, upon summary conviction, the justices so order, contain a condition that the offender be under the supervision of such person as may be named in the order or in any order from time to time made in amendment thereof (which order or orders are hereby authorised to be made by the court or the justices, as the case may be), during the period specified in the order and such other conditions for securing such supervision as may be specified in the order, (in this section called a probation order ).\nFor the purposes of this section the Governor in Council may appoint persons as probation officers or children’s probation officers.\nExcept as otherwise permitted by this section, the person named in any probation order shall be selected from amongst the probation officers and, in the case of an offender under the age of 18 years, such person shall, in the absence of good reason to the contrary shown to the court or justices making the order, be selected from amongst the children’s probation officers.\nIt shall be lawful to name in a probation order as the person to undertake supervision in any special case, a person who is the agent of a voluntary society and any sums payable by way of salary, remuneration or otherwise for the performance of his or her duties under this section to such agent may be paid to the society.\nIn subsection (4) —\nvoluntary society means a society carrying on mission work in connection with Magistrates Courts or any work of that nature in connection with the supervision and care of offenders.\nIt shall be the duty of a probation officer, subject to the direction of the court or justices—\nto visit or receive reports from the person under supervision at such reasonable intervals as may be specified in the probation order or, subject thereto, as the probation officer may think fit;\nto see that such person observes the conditions of the person’s recognisance;\nto report to the court or justices as to such person’s behaviour;\nto advise, assist, and befriend such person, and, when necessary, to endeavour to find such person suitable employment.\nA probation officer shall be entitled to be paid such salary or to receive such remuneration for acting under a probation order as the Governor in Council directs, and may in either case be paid such out-of-pocket expenses as may be allowed by the Governor in Council.\ns 17 amd 2004 No. 52 s 89 ; 2016 No. 58 s 10 sch 1\n(sec.17-ssec.1) A recognisance ordered to be entered into under orders in section 656 of the Criminal Code , by an offender who has been convicted of an offence of a sexual nature shall, if the court or, upon summary conviction, the justices so order, contain a condition that the offender be under the supervision of such person as may be named in the order or in any order from time to time made in amendment thereof (which order or orders are hereby authorised to be made by the court or the justices, as the case may be), during the period specified in the order and such other conditions for securing such supervision as may be specified in the order, (in this section called a probation order ).\n(sec.17-ssec.2) For the purposes of this section the Governor in Council may appoint persons as probation officers or children’s probation officers.\n(sec.17-ssec.3) Except as otherwise permitted by this section, the person named in any probation order shall be selected from amongst the probation officers and, in the case of an offender under the age of 18 years, such person shall, in the absence of good reason to the contrary shown to the court or justices making the order, be selected from amongst the children’s probation officers.\n(sec.17-ssec.4) It shall be lawful to name in a probation order as the person to undertake supervision in any special case, a person who is the agent of a voluntary society and any sums payable by way of salary, remuneration or otherwise for the performance of his or her duties under this section to such agent may be paid to the society.\n(sec.17-ssec.4A) In subsection (4) — voluntary society means a society carrying on mission work in connection with Magistrates Courts or any work of that nature in connection with the supervision and care of offenders.\n(sec.17-ssec.5) It shall be the duty of a probation officer, subject to the direction of the court or justices— to visit or receive reports from the person under supervision at such reasonable intervals as may be specified in the probation order or, subject thereto, as the probation officer may think fit; to see that such person observes the conditions of the person’s recognisance; to report to the court or justices as to such person’s behaviour; to advise, assist, and befriend such person, and, when necessary, to endeavour to find such person suitable employment.\n(sec.17-ssec.6) A probation officer shall be entitled to be paid such salary or to receive such remuneration for acting under a probation order as the Governor in Council directs, and may in either case be paid such out-of-pocket expenses as may be allowed by the Governor in Council.\n- (a) to visit or receive reports from the person under supervision at such reasonable intervals as may be specified in the probation order or, subject thereto, as the probation officer may think fit;\n- (b) to see that such person observes the conditions of the person’s recognisance;\n- (c) to report to the court or justices as to such person’s behaviour;\n- (d) to advise, assist, and befriend such person, and, when necessary, to endeavour to find such person suitable employment.","sortOrder":5},{"sectionNumber":"pt.3","sectionType":"part","heading":"Indeterminate detention of offenders convicted of sexual offences","content":"# Indeterminate detention of offenders convicted of sexual offences","sortOrder":6},{"sectionNumber":"sec.18","sectionType":"section","heading":"Detention of persons incapable of controlling sexual instincts","content":"### sec.18 Detention of persons incapable of controlling sexual instincts\n\nIn any case where a person has been found guilty of an offence of a sexual nature committed upon or in relation to a child under the age of 16 years—\nif such person was found so guilty on indictment—the judge presiding at the trial of such person for that offence may at the judge’s discretion direct that 2 or more medical practitioners named by the judge (of whom 1 shall be a person registered under the Health Practitioner Regulation National Law as a specialist registrant in the specialty of psychiatry where the judge is of opinion that the services of such a person are reasonably available), inquire as to the mental condition of the offender, and in particular whether the offender’s mental condition is such that the offender is incapable of exercising proper control over the offender’s sexual instincts; or\nif such person was found so guilty on summary conviction—the Magistrates Court before which the charge was heard, in addition to or before sentencing such person to any lawful punishment, may order that such person be brought before a judge of the Supreme Court with a view to such person being dealt with by such judge as prescribed by paragraph (a) .\nIn the case of an order made under subsection (1) (b) before sentence, the Magistrates Court shall make such adjournments as are necessary and shall commit the convicted person to a corrective services facility or watch-house, until such person has been dealt with by a judge as hereinafter prescribed in this section and thereafter may (in the cases provided for in subsection (3B) or (6) (d) or in cases where the judge refuses to direct detention under either of the subsections), sentence such person to any lawful punishment.\nThe medical practitioners shall conduct the inquiry by means of personal examination and observation of the offender and by reference to the depositions and such other records relating to the offender as they think necessary, and shall give their report on oath to the judge.\nIf the medical practitioners report to the judge that the offender is incapable of exercising proper control over the offender’s sexual instincts the judge may, either in addition to or in lieu of imposing any other sentence where the offender was convicted on indictment, or in addition to the punishment (if any) imposed or to be imposed by the Magistrates Court where the offender was summarily convicted, declare that the offender is so incapable and direct that the offender be detained in an institution during Her Majesty’s pleasure.\nHowever, the offender shall be entitled to cross-examine such medical practitioners in relation to and to call evidence in rebuttal of such report, and no such order shall be made unless the judge shall consider the matters reported to be proved.\nWhen an offender whom a judge directs under subsection (3) to be detained was summarily convicted and the decision with respect to the lawful punishment to be awarded was reserved, such offender shall, unless the judge when so directing otherwise orders (which order is hereby authorised to be made by the judge) again be brought before the Magistrates Court in terms of the adjournment made by that court for sentence.\nIn any case where 2 medical practitioners, 1 of whom is registered under the Health Practitioner Regulation National Law as a specialist registrant in the specialty of psychiatry, report to the Attorney-General that any person who is serving a sentence of imprisonment imposed upon the person for an offence of a sexual nature (whether committed upon or in relation to a child under the age of 16 years or upon or in relation to a person over that age)—\nis incapable of exercising proper control over the person’s sexual instincts; and\nthat such incapacity is capable of being cured by continued treatment; and\nthat for the purposes of such treatment it is desirable that such person be detained in an institution after the expiration of the person’s sentence of imprisonment;\nthe Attorney-General may cause an application to be made to a judge of the Supreme Court for a declaration and direction in respect of such person as prescribed by subsection (3) .\nUpon such application the medical practitioners shall report to the judge upon oath and the prisoner shall be entitled to cross-examine such medical practitioners in relation to and to call evidence in rebuttal of such report, and no such order shall be made unless the judge shall consider the matters reported to be proved.\nEvery offender or prisoner in respect of whom a direction is given under subsection (3) or (4) —\nshall be detained in such institution as the Governor in Council directs, and until the Governor in Council gives a direction as to such institution, in a corrective services facility or watch-house; and\nshall not be released until the Governor in Council is satisfied on the report of 2 medical practitioners that it is expedient to release the offender or prisoner.\nIf the medical practitioners report to the judge that the offender or, in the case of an application made under subsection (4) the judge is of the opinion that the prisoner, is not incapable of exercising proper control over his or her sexual instincts, but that his or her mental condition is subnormal to such a degree that he or she requires care, supervision and control in an institution either in his or her own interests or for the protection of others, and the judge after considering the report and any evidence submitted in rebuttal thereof is of opinion that the offender requires such care, supervision, and control, the judge may—\ndirect that the offender or prisoner be detained in an institution either for such period as the judge directs or during Her Majesty’s pleasure; or\nwhere the offender was convicted on indictment—pass sentence on the offender and in addition direct as mentioned in paragraph (a) ; or\nwhere the offender was summarily convicted and lawful punishment imposed by a Magistrates Court in addition direct as mentioned in paragraph (a) ; or\nwhere the offender was summarily convicted and the decision with respect to the lawful punishment to be awarded was reserved—direct, as mentioned in paragraph (a) , but in such case the prisoner shall, unless the judge when so directing otherwise orders (which order is hereby authorised to be made by the judge), again be brought before the Magistrates Court in terms of the adjournment made by that court for sentence.\nEvery offender or prisoner in respect of whom such a direction is given—\nshall be detained in such institution as the Governor in Council directs, and, until the Governor in Council gives a direction as to such institution, in a corrective services facility or watch-house; and\nwhere the detention ordered is during Her Majesty’s pleasure—shall not be released until the Governor in Council is satisfied, on the report of 2 medical practitioners, that the offender or prisoner is fit to be at liberty.\nWhere the judge orders detention during Her Majesty’s pleasure in addition to imprisonment or in the case of a prisoner the detention shall commence forthwith upon the expiration of the term of imprisonment.\nIn all other cases it shall commence forthwith upon the making of such order.\nAn offender or prisoner detained under this section, other than a detainee released under part 3A , must be examined at least once in every 3 months by the chief psychiatrist or by a medical practitioner appointed by the chief psychiatrist (who is hereby authorised to make such appointment) to conduct examinations under this subsection, either generally or of a particular offender or prisoner.\nA medical practitioner making an examination under subsection (8) shall forthwith furnish a report of the examination to the chief psychiatrist.\nAn offender or prisoner detained in an institution pursuant to this section may be removed at any time to another institution by order of the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered.\nMoreover, the provisions of the Corrective Services Act 2006 , section 68 , shall, subject to all necessary modifications, apply to and in respect of any such offender or prisoner.\nThe provisions of this section may by order of a judge made on the application of a Crown law officer be applied in any or every respect to any offender who, before the passing of this section, was found guilty either on summary conviction or on indictment, of an offence of a sexual nature committed upon or in relation to a child under the age of 16 years and who, at the passing of this section, is undergoing, or subject to be sentenced to, imprisonment for such offence.\nThe Governor in Council may from time to time make all such regulations as appear necessary for giving effect to this section and particularly for giving effect to the provisions of this section as respects orders made under this section by Magistrates Courts.\nFor the purposes of the Criminal Code , chapter 67 —\nan offender or prisoner directed to be detained in an institution pursuant to this section shall be deemed to be a person convicted on indictment and such direction shall be deemed to be a sentence; and\na refusal by a judge of the Supreme Court to direct any offender or prisoner to be detained in an institution pursuant to this section shall, as respects the right of appeal had by the Attorney-General under chapter 67 , be deemed to be a sentence.\nIn this section—\nchief psychiatrist see the Mental Health Act 2016 , schedule 3 .\ninstitution means—\na corrective services facility or watch-house; or\nanother institution prescribed under a regulation to be an institution for this section.\nrelease means unconditional release and does not include release under part 3A .\ns 18 amd 1946 11 Geo 6 No. 6 s 3; 1989 No. 17 s 69 ; 1997 No. 82 s 3 sch ; 1998 No. 41 s 14 (1) sch 1 ; 1999 No. 87 s 11 sch ; 2000 No. 63 s 276 sch 2 ; 2001 No. 7 s 302 sch 2 ; 2002 No. 23 s 35 ; 2006 No. 29 s 518 sch 3 ; 2008 No. 5 s 126 ; 2010 No. 14 s 124 sch ; 2011 No. 32 s 332 s ch 1 pt 2 (amd 2012 No. 9 s 47 ); 2013 No. 53 s 5 ; 2016 No. 5 s 923 sch 4\n(sec.18-ssec.1) In any case where a person has been found guilty of an offence of a sexual nature committed upon or in relation to a child under the age of 16 years— if such person was found so guilty on indictment—the judge presiding at the trial of such person for that offence may at the judge’s discretion direct that 2 or more medical practitioners named by the judge (of whom 1 shall be a person registered under the Health Practitioner Regulation National Law as a specialist registrant in the specialty of psychiatry where the judge is of opinion that the services of such a person are reasonably available), inquire as to the mental condition of the offender, and in particular whether the offender’s mental condition is such that the offender is incapable of exercising proper control over the offender’s sexual instincts; or if such person was found so guilty on summary conviction—the Magistrates Court before which the charge was heard, in addition to or before sentencing such person to any lawful punishment, may order that such person be brought before a judge of the Supreme Court with a view to such person being dealt with by such judge as prescribed by paragraph (a) .\n(sec.18-ssec.1A) In the case of an order made under subsection (1) (b) before sentence, the Magistrates Court shall make such adjournments as are necessary and shall commit the convicted person to a corrective services facility or watch-house, until such person has been dealt with by a judge as hereinafter prescribed in this section and thereafter may (in the cases provided for in subsection (3B) or (6) (d) or in cases where the judge refuses to direct detention under either of the subsections), sentence such person to any lawful punishment.\n(sec.18-ssec.2) The medical practitioners shall conduct the inquiry by means of personal examination and observation of the offender and by reference to the depositions and such other records relating to the offender as they think necessary, and shall give their report on oath to the judge.\n(sec.18-ssec.3) If the medical practitioners report to the judge that the offender is incapable of exercising proper control over the offender’s sexual instincts the judge may, either in addition to or in lieu of imposing any other sentence where the offender was convicted on indictment, or in addition to the punishment (if any) imposed or to be imposed by the Magistrates Court where the offender was summarily convicted, declare that the offender is so incapable and direct that the offender be detained in an institution during Her Majesty’s pleasure.\n(sec.18-ssec.3A) However, the offender shall be entitled to cross-examine such medical practitioners in relation to and to call evidence in rebuttal of such report, and no such order shall be made unless the judge shall consider the matters reported to be proved.\n(sec.18-ssec.3B) When an offender whom a judge directs under subsection (3) to be detained was summarily convicted and the decision with respect to the lawful punishment to be awarded was reserved, such offender shall, unless the judge when so directing otherwise orders (which order is hereby authorised to be made by the judge) again be brought before the Magistrates Court in terms of the adjournment made by that court for sentence.\n(sec.18-ssec.4) In any case where 2 medical practitioners, 1 of whom is registered under the Health Practitioner Regulation National Law as a specialist registrant in the specialty of psychiatry, report to the Attorney-General that any person who is serving a sentence of imprisonment imposed upon the person for an offence of a sexual nature (whether committed upon or in relation to a child under the age of 16 years or upon or in relation to a person over that age)— is incapable of exercising proper control over the person’s sexual instincts; and that such incapacity is capable of being cured by continued treatment; and that for the purposes of such treatment it is desirable that such person be detained in an institution after the expiration of the person’s sentence of imprisonment; the Attorney-General may cause an application to be made to a judge of the Supreme Court for a declaration and direction in respect of such person as prescribed by subsection (3) .\n(sec.18-ssec.4A) Upon such application the medical practitioners shall report to the judge upon oath and the prisoner shall be entitled to cross-examine such medical practitioners in relation to and to call evidence in rebuttal of such report, and no such order shall be made unless the judge shall consider the matters reported to be proved.\n(sec.18-ssec.5) Every offender or prisoner in respect of whom a direction is given under subsection (3) or (4) — shall be detained in such institution as the Governor in Council directs, and until the Governor in Council gives a direction as to such institution, in a corrective services facility or watch-house; and shall not be released until the Governor in Council is satisfied on the report of 2 medical practitioners that it is expedient to release the offender or prisoner.\n(sec.18-ssec.6) If the medical practitioners report to the judge that the offender or, in the case of an application made under subsection (4) the judge is of the opinion that the prisoner, is not incapable of exercising proper control over his or her sexual instincts, but that his or her mental condition is subnormal to such a degree that he or she requires care, supervision and control in an institution either in his or her own interests or for the protection of others, and the judge after considering the report and any evidence submitted in rebuttal thereof is of opinion that the offender requires such care, supervision, and control, the judge may— direct that the offender or prisoner be detained in an institution either for such period as the judge directs or during Her Majesty’s pleasure; or where the offender was convicted on indictment—pass sentence on the offender and in addition direct as mentioned in paragraph (a) ; or where the offender was summarily convicted and lawful punishment imposed by a Magistrates Court in addition direct as mentioned in paragraph (a) ; or where the offender was summarily convicted and the decision with respect to the lawful punishment to be awarded was reserved—direct, as mentioned in paragraph (a) , but in such case the prisoner shall, unless the judge when so directing otherwise orders (which order is hereby authorised to be made by the judge), again be brought before the Magistrates Court in terms of the adjournment made by that court for sentence.\n(sec.18-ssec.6A) Every offender or prisoner in respect of whom such a direction is given— shall be detained in such institution as the Governor in Council directs, and, until the Governor in Council gives a direction as to such institution, in a corrective services facility or watch-house; and where the detention ordered is during Her Majesty’s pleasure—shall not be released until the Governor in Council is satisfied, on the report of 2 medical practitioners, that the offender or prisoner is fit to be at liberty.\n(sec.18-ssec.7) Where the judge orders detention during Her Majesty’s pleasure in addition to imprisonment or in the case of a prisoner the detention shall commence forthwith upon the expiration of the term of imprisonment.\n(sec.18-ssec.7A) In all other cases it shall commence forthwith upon the making of such order.\n(sec.18-ssec.8) An offender or prisoner detained under this section, other than a detainee released under part 3A , must be examined at least once in every 3 months by the chief psychiatrist or by a medical practitioner appointed by the chief psychiatrist (who is hereby authorised to make such appointment) to conduct examinations under this subsection, either generally or of a particular offender or prisoner.\n(sec.18-ssec.8A) A medical practitioner making an examination under subsection (8) shall forthwith furnish a report of the examination to the chief psychiatrist.\n(sec.18-ssec.9) An offender or prisoner detained in an institution pursuant to this section may be removed at any time to another institution by order of the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered.\n(sec.18-ssec.9A) Moreover, the provisions of the Corrective Services Act 2006 , section 68 , shall, subject to all necessary modifications, apply to and in respect of any such offender or prisoner.\n(sec.18-ssec.11) The provisions of this section may by order of a judge made on the application of a Crown law officer be applied in any or every respect to any offender who, before the passing of this section, was found guilty either on summary conviction or on indictment, of an offence of a sexual nature committed upon or in relation to a child under the age of 16 years and who, at the passing of this section, is undergoing, or subject to be sentenced to, imprisonment for such offence.\n(sec.18-ssec.12) The Governor in Council may from time to time make all such regulations as appear necessary for giving effect to this section and particularly for giving effect to the provisions of this section as respects orders made under this section by Magistrates Courts.\n(sec.18-ssec.13) For the purposes of the Criminal Code , chapter 67 — an offender or prisoner directed to be detained in an institution pursuant to this section shall be deemed to be a person convicted on indictment and such direction shall be deemed to be a sentence; and a refusal by a judge of the Supreme Court to direct any offender or prisoner to be detained in an institution pursuant to this section shall, as respects the right of appeal had by the Attorney-General under chapter 67 , be deemed to be a sentence.\n(sec.18-ssec.14) In this section— chief psychiatrist see the Mental Health Act 2016 , schedule 3 . institution means— a corrective services facility or watch-house; or another institution prescribed under a regulation to be an institution for this section. release means unconditional release and does not include release under part 3A .\n- (a) if such person was found so guilty on indictment—the judge presiding at the trial of such person for that offence may at the judge’s discretion direct that 2 or more medical practitioners named by the judge (of whom 1 shall be a person registered under the Health Practitioner Regulation National Law as a specialist registrant in the specialty of psychiatry where the judge is of opinion that the services of such a person are reasonably available), inquire as to the mental condition of the offender, and in particular whether the offender’s mental condition is such that the offender is incapable of exercising proper control over the offender’s sexual instincts; or\n- (b) if such person was found so guilty on summary conviction—the Magistrates Court before which the charge was heard, in addition to or before sentencing such person to any lawful punishment, may order that such person be brought before a judge of the Supreme Court with a view to such person being dealt with by such judge as prescribed by paragraph (a) .\n- (a) is incapable of exercising proper control over the person’s sexual instincts; and\n- (b) that such incapacity is capable of being cured by continued treatment; and\n- (c) that for the purposes of such treatment it is desirable that such person be detained in an institution after the expiration of the person’s sentence of imprisonment;\n- (a) shall be detained in such institution as the Governor in Council directs, and until the Governor in Council gives a direction as to such institution, in a corrective services facility or watch-house; and\n- (b) shall not be released until the Governor in Council is satisfied on the report of 2 medical practitioners that it is expedient to release the offender or prisoner.\n- (a) direct that the offender or prisoner be detained in an institution either for such period as the judge directs or during Her Majesty’s pleasure; or\n- (b) where the offender was convicted on indictment—pass sentence on the offender and in addition direct as mentioned in paragraph (a) ; or\n- (c) where the offender was summarily convicted and lawful punishment imposed by a Magistrates Court in addition direct as mentioned in paragraph (a) ; or\n- (d) where the offender was summarily convicted and the decision with respect to the lawful punishment to be awarded was reserved—direct, as mentioned in paragraph (a) , but in such case the prisoner shall, unless the judge when so directing otherwise orders (which order is hereby authorised to be made by the judge), again be brought before the Magistrates Court in terms of the adjournment made by that court for sentence.\n- (a) shall be detained in such institution as the Governor in Council directs, and, until the Governor in Council gives a direction as to such institution, in a corrective services facility or watch-house; and\n- (b) where the detention ordered is during Her Majesty’s pleasure—shall not be released until the Governor in Council is satisfied, on the report of 2 medical practitioners, that the offender or prisoner is fit to be at liberty.\n- (a) an offender or prisoner directed to be detained in an institution pursuant to this section shall be deemed to be a person convicted on indictment and such direction shall be deemed to be a sentence; and\n- (b) a refusal by a judge of the Supreme Court to direct any offender or prisoner to be detained in an institution pursuant to this section shall, as respects the right of appeal had by the Attorney-General under chapter 67 , be deemed to be a sentence.\n- (a) a corrective services facility or watch-house; or\n- (b) another institution prescribed under a regulation to be an institution for this section.","sortOrder":7},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Conditional release of offenders detained under pt 3","content":"# Conditional release of offenders detained under pt 3","sortOrder":8},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Definitions for pt 3A","content":"### sec.18A Definitions for pt 3A\n\nIn this part—\ncorrective services officer means a person who holds an appointment as a corrective services officer under the Corrective Services Act 2006 , section 275 .\ns 18A def corrective services officer amd 2006 No. 29 s 518 sch 3\ndetainee means an offender or prisoner who is detained in an institution during Her Majesty’s pleasure under a direction under section 18 (3) , (4) or (6) .\ninstitution see section 18 .\nparole order see the Corrective Services Act 2006 , schedule 4 .\ns 18A def parole order ins 2006 No. 29 s 518 sch 3\npost-prison community based release order ...\ns 18A def post-prison community based release order om 2006 No. 29 s 518 sch 3\nQueensland board means the Parole Board Queensland established under the Corrective Services Act 2006 .\ns 18A def Queensland board sub 2006 No. 29 s 518 sch 3 ; 2017 No. 15 s 24 sch 1\ns 18A ins 2002 No. 23 s 36","sortOrder":9},{"sectionNumber":"sec.18B","sectionType":"section","heading":"Parole orders under Corrective Services Act 2006","content":"### sec.18B Parole orders under Corrective Services Act 2006\n\nThe Corrective Services Act 2006 , chapter 5 applies to a detainee, subject to this part, as if—\ninstead of being detained at Her Majesty’s pleasure, the detainee were a prisoner serving a term of life imprisonment (a notional term of life imprisonment ) to whom the Corrective Services Act 2006 , section 181 (2) (d) applies, subject to subsection (2) ; and\nfor a detainee whose detention began under section 18 (7) at the end of a term of imprisonment (an original term of imprisonment )—the detainee began to serve the notional term of life imprisonment when the detainee began to serve the original term of imprisonment; and\nfor a detainee whose detention began under section 18 (7A) when the judge ordered the detention—the detainee began to serve the notional term of life imprisonment when the judge ordered the detention.\nIf a detainee committed the relevant offence before 1 July 1997, the Corrective Services Act 2006 , chapter 5 applies to the detainee as if the period of 15 years mentioned in section 181 (2) (d) of that Act were a period of 13 years.\nIn this section—\nrelevant offence means—\nfor a detainee dealt with by a judge under section 18 (1) —the offence mentioned in section 18 (1) of which the detainee was found guilty; or\nfor a detainee about whom an application was made under section 18 (4) —the offence mentioned in section 18 (4) for which the detainee was serving a sentence of imprisonment.\ns 18B ins 2002 No. 23 s 36\namd 2006 No. 29 s 518 sch 3 ; 2012 No. 19 s 10\n(sec.18B-ssec.1) The Corrective Services Act 2006 , chapter 5 applies to a detainee, subject to this part, as if— instead of being detained at Her Majesty’s pleasure, the detainee were a prisoner serving a term of life imprisonment (a notional term of life imprisonment ) to whom the Corrective Services Act 2006 , section 181 (2) (d) applies, subject to subsection (2) ; and for a detainee whose detention began under section 18 (7) at the end of a term of imprisonment (an original term of imprisonment )—the detainee began to serve the notional term of life imprisonment when the detainee began to serve the original term of imprisonment; and for a detainee whose detention began under section 18 (7A) when the judge ordered the detention—the detainee began to serve the notional term of life imprisonment when the judge ordered the detention.\n(sec.18B-ssec.2) If a detainee committed the relevant offence before 1 July 1997, the Corrective Services Act 2006 , chapter 5 applies to the detainee as if the period of 15 years mentioned in section 181 (2) (d) of that Act were a period of 13 years.\n(sec.18B-ssec.3) In this section— relevant offence means— for a detainee dealt with by a judge under section 18 (1) —the offence mentioned in section 18 (1) of which the detainee was found guilty; or for a detainee about whom an application was made under section 18 (4) —the offence mentioned in section 18 (4) for which the detainee was serving a sentence of imprisonment.\n- (a) instead of being detained at Her Majesty’s pleasure, the detainee were a prisoner serving a term of life imprisonment (a notional term of life imprisonment ) to whom the Corrective Services Act 2006 , section 181 (2) (d) applies, subject to subsection (2) ; and\n- (b) for a detainee whose detention began under section 18 (7) at the end of a term of imprisonment (an original term of imprisonment )—the detainee began to serve the notional term of life imprisonment when the detainee began to serve the original term of imprisonment; and\n- (c) for a detainee whose detention began under section 18 (7A) when the judge ordered the detention—the detainee began to serve the notional term of life imprisonment when the judge ordered the detention.\n- (a) for a detainee dealt with by a judge under section 18 (1) —the offence mentioned in section 18 (1) of which the detainee was found guilty; or\n- (b) for a detainee about whom an application was made under section 18 (4) —the offence mentioned in section 18 (4) for which the detainee was serving a sentence of imprisonment.","sortOrder":10},{"sectionNumber":"sec.18C","sectionType":"section","heading":"No exceptional circumstances parole order","content":"### sec.18C No exceptional circumstances parole order\n\nA detainee may not apply for or be granted an exceptional circumstances parole order under the Corrective Services Act 2006 , chapter 5 .\ns 18C ins 2002 No. 23 s 36\namd 2006 No. 29 s 518 sch 3","sortOrder":11},{"sectionNumber":"sec.18D","sectionType":"section","heading":"Submissions by Attorney-General","content":"### sec.18D Submissions by Attorney-General\n\nIf a detainee applies to the Queensland board for a parole order, the Queensland board must give the Attorney-General a copy of the application.\nThe Attorney-General may make written submissions to the Queensland board in relation to the application.\nThe Queensland board must consider any submissions by the Attorney-General when deciding whether to grant the application.\ns 18D ins 2002 No. 23 s 36\namd 2006 No. 29 s 518 sch 3\n(sec.18D-ssec.1) If a detainee applies to the Queensland board for a parole order, the Queensland board must give the Attorney-General a copy of the application.\n(sec.18D-ssec.2) The Attorney-General may make written submissions to the Queensland board in relation to the application.\n(sec.18D-ssec.3) The Queensland board must consider any submissions by the Attorney-General when deciding whether to grant the application.","sortOrder":12},{"sectionNumber":"sec.18E","sectionType":"section","heading":"Additional test for conditional release","content":"### sec.18E Additional test for conditional release\n\nThe Queensland board must not grant a detainee a parole order unless, in addition to any other matter of which the Queensland board must be satisfied under the Corrective Services Act 2006 , the Queensland board is satisfied the detainee does not represent an unacceptable risk to the safety of others.\ns 18E ins 2002 No. 23 s 36\namd 2006 No. 29 s 518 sch 3","sortOrder":13},{"sectionNumber":"sec.18F","sectionType":"section","heading":"Additional conditions may be imposed","content":"### sec.18F Additional conditions may be imposed\n\nA parole order for a detainee may, in addition to any other conditions, contain conditions the Queensland board considers reasonable requiring the detainee to—\nsubmit to medical, psychiatric or psychological treatment; or\nreport for drug testing to a corrective services officer.\ns 18F ins 2002 No. 23 s 36\namd 2006 No. 29 s 518 sch 3\n- (a) submit to medical, psychiatric or psychological treatment; or\n- (b) report for drug testing to a corrective services officer.","sortOrder":14},{"sectionNumber":"sec.18G","sectionType":"section","heading":"Detainee deemed a prisoner for offence of being unlawfully at large","content":"### sec.18G Detainee deemed a prisoner for offence of being unlawfully at large\n\nTo remove any doubt, it is declared that a detainee released under this part is a prisoner for the Corrective Services Act 2006 , section 124 (k) .\ns 18G ins 2002 No. 23 s 36\namd 2006 No. 29 s 518 sch 3","sortOrder":15},{"sectionNumber":"sec.18H","sectionType":"section","heading":"Effect on unconditional release","content":"### sec.18H Effect on unconditional release\n\nThis section applies to a detainee who has been released under this part, whether before or after the commencement of this section.\nThe detainee can not be released under section 18 (5) (b) or (6A) (b) .\ns 18H ins 2002 No. 23 s 36\nsub 2008 No. 55 s 127\n(sec.18H-ssec.1) This section applies to a detainee who has been released under this part, whether before or after the commencement of this section.\n(sec.18H-ssec.2) The detainee can not be released under section 18 (5) (b) or (6A) (b) .","sortOrder":16},{"sectionNumber":"pt.4","sectionType":"part","heading":"Further detention of particular sexual offenders","content":"# Further detention of particular sexual offenders","sortOrder":17},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":18},{"sectionNumber":"sec.19","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.19 Definitions for pt 4\n\nIn this part—\nchief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered.\ncontinuing detention order means a continuing detention order under DPSOA .\ndetained person means a person subject to a public interest declaration.\nDPSOA means the Dangerous Prisoners (Sexual Offenders) Act 2003 .\nDPSOA order means a continuing detention order or supervision order.\ninstitution means—\na corrective services facility; or\nan institution prescribed for section 18 (14) , definition institution , paragraph (b) .\npublic interest declaration means a declaration under section 21 (1) .\nrelevant event , for a detained person, means the public interest declaration stops applying or does not apply to the person—\nbecause of a declaration made by the Governor in Council under section 22F ; or\nbecause of a determination of the Supreme Court that a decision about the public interest declaration is affected by jurisdictional error.\nSee section 22K for the limited review of decisions under this part.\nrelevant person means—\na person subject to a continuing detention order; or\na person subject to a supervision order if the person was subject to a continuing detention order immediately before the supervision order was made.\nsupervision order means a supervision order under DPSOA .\ns 19 prev s 19 ins 1989 No. 17 s 70\namd 1999 No. 87 s 4 ; 2003 No. 3 s 21\nom 2004 No. 52 s 90\npres s 19 ins 2013 No. 53 s 6\n- (a) a corrective services facility; or\n- (b) an institution prescribed for section 18 (14) , definition institution , paragraph (b) .\n- (a) because of a declaration made by the Governor in Council under section 22F ; or\n- (b) because of a determination of the Supreme Court that a decision about the public interest declaration is affected by jurisdictional error. Note— See section 22K for the limited review of decisions under this part.\n- (a) a person subject to a continuing detention order; or\n- (b) a person subject to a supervision order if the person was subject to a continuing detention order immediately before the supervision order was made.","sortOrder":19},{"sectionNumber":"sec.19A","sectionType":"section","heading":null,"content":"### Section sec.19A\n\ns 19A ins 2003 No. 3 s 23\nom 2004 No. 52 s 90","sortOrder":20},{"sectionNumber":"sec.19B","sectionType":"section","heading":null,"content":"### Section sec.19B\n\ns 19B (prev s 19A) ins 1999 No. 87 s 5\nrenum 2003 No. 3 s 22\nom 2004 No. 52 s 90","sortOrder":21},{"sectionNumber":"sec.20","sectionType":"section","heading":"Decisions about detention in the public interest","content":"### sec.20 Decisions about detention in the public interest\n\nFor deciding whether the detention of a person under division 3 is in, or is no longer in, the public interest—\nthe Minister or Governor in Council may have regard to any matter the Minister or Governor in Council considers relevant; and\nthe matters that may be relevant for deciding whether the detention is in, or is no longer in, the public interest are not limited by any provision of this Act or another Act.\ns 20 prev s 20 ins 1989 No. 17 s 70\namd 1999 No. 87 s 6 ; 2003 No. 3 s 24\nom 2004 No. 52 s 90\npres s 20 ins 2013 No. 53 s 6\n- (a) the Minister or Governor in Council may have regard to any matter the Minister or Governor in Council considers relevant; and\n- (b) the matters that may be relevant for deciding whether the detention is in, or is no longer in, the public interest are not limited by any provision of this Act or another Act.","sortOrder":22},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Declaration for detention in the public interest","content":"## Declaration for detention in the public interest","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Making declaration","content":"### sec.21 Making declaration\n\nOn the recommendation of the Minister, the Governor in Council may, by gazette notice, declare that a relevant person must be detained under division 3 if the Governor in Council is satisfied the detention of the person under the division is in the public interest.\nThe Governor in Council can not make a public interest declaration for a relevant person unless—\nany appeal, under DPSOA , part 4 , against the DPSOA order for which the person is a relevant person has been finally dealt with; or\nif there is no appeal, under DPSOA , part 4 , against the DPSOA order for which the person is a relevant person—the period within which an appeal against the DPSOA order may be started under DPSOA , part 4 has ended.\ns 21 prev s 21 ins 1989 No. 17 s 70\namd 1999 No. 87 s 11 sch ; 2003 No. 3 s 24A\nom 2004 No. 52 s 90\npres s 21 ins 2013 No. 53 s 6\n(sec.21-ssec.1) On the recommendation of the Minister, the Governor in Council may, by gazette notice, declare that a relevant person must be detained under division 3 if the Governor in Council is satisfied the detention of the person under the division is in the public interest.\n(sec.21-ssec.2) The Governor in Council can not make a public interest declaration for a relevant person unless— any appeal, under DPSOA , part 4 , against the DPSOA order for which the person is a relevant person has been finally dealt with; or if there is no appeal, under DPSOA , part 4 , against the DPSOA order for which the person is a relevant person—the period within which an appeal against the DPSOA order may be started under DPSOA , part 4 has ended.\n- (a) any appeal, under DPSOA , part 4 , against the DPSOA order for which the person is a relevant person has been finally dealt with; or\n- (b) if there is no appeal, under DPSOA , part 4 , against the DPSOA order for which the person is a relevant person—the period within which an appeal against the DPSOA order may be started under DPSOA , part 4 has ended.","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Recommendation to make declaration","content":"### sec.22 Recommendation to make declaration\n\nThe Minister may recommend that the Governor in Council make a public interest declaration for a relevant person if the Minister is satisfied the detention of the person under division 3 is in the public interest.\nThe Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a continuing detention order without giving the person prior notice of the proposed recommendation.\nThe Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a supervision order only if—\nat least 14 days before the recommendation is made, the person is personally served with a written notice stating the following—\nthe Minister intends to recommend that the Governor in Council make a public interest declaration for the person;\nthe grounds on which the Minister considers the detention of the person under division 3 is in the public interest;\nthat the person may, within 10 days after the notice is served on the person, make written submissions to the Minister about why the declaration should not be made; and\nthe Minister has regard to any submissions made under paragraph (a) (iii) .\nHowever, the Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a supervision order without complying with subsection (3) if the Minister considers it is necessary to make the declaration without compliance with the subsection because of urgent circumstances.\ns 22 prev s 22 ins 1999 No. 87 s 7\nom 2004 No. 52 s 90\npres s 22 ins 2013 No. 53 s 6\n(sec.22-ssec.1) The Minister may recommend that the Governor in Council make a public interest declaration for a relevant person if the Minister is satisfied the detention of the person under division 3 is in the public interest.\n(sec.22-ssec.2) The Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a continuing detention order without giving the person prior notice of the proposed recommendation.\n(sec.22-ssec.3) The Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a supervision order only if— at least 14 days before the recommendation is made, the person is personally served with a written notice stating the following— the Minister intends to recommend that the Governor in Council make a public interest declaration for the person; the grounds on which the Minister considers the detention of the person under division 3 is in the public interest; that the person may, within 10 days after the notice is served on the person, make written submissions to the Minister about why the declaration should not be made; and the Minister has regard to any submissions made under paragraph (a) (iii) .\n(sec.22-ssec.4) However, the Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a supervision order without complying with subsection (3) if the Minister considers it is necessary to make the declaration without compliance with the subsection because of urgent circumstances.\n- (a) at least 14 days before the recommendation is made, the person is personally served with a written notice stating the following— (i) the Minister intends to recommend that the Governor in Council make a public interest declaration for the person; (ii) the grounds on which the Minister considers the detention of the person under division 3 is in the public interest; (iii) that the person may, within 10 days after the notice is served on the person, make written submissions to the Minister about why the declaration should not be made; and\n- (i) the Minister intends to recommend that the Governor in Council make a public interest declaration for the person;\n- (ii) the grounds on which the Minister considers the detention of the person under division 3 is in the public interest;\n- (iii) that the person may, within 10 days after the notice is served on the person, make written submissions to the Minister about why the declaration should not be made; and\n- (b) the Minister has regard to any submissions made under paragraph (a) (iii) .\n- (i) the Minister intends to recommend that the Governor in Council make a public interest declaration for the person;\n- (ii) the grounds on which the Minister considers the detention of the person under division 3 is in the public interest;\n- (iii) that the person may, within 10 days after the notice is served on the person, make written submissions to the Minister about why the declaration should not be made; and","sortOrder":25},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Notice of declaration","content":"### sec.22A Notice of declaration\n\nAs soon as practicable after the Governor in Council makes a public interest declaration for a person, the person must be personally served with a written notice that includes—\nnotice of the declaration; and\neither a copy of division 3 or a summary of the effect of the declaration under division 3 .\nA public interest declaration is of no effect until the written notice mentioned in subsection (1) is served as mentioned in the subsection.\ns 22A ins 2013 No. 53 s 6\n(sec.22A-ssec.1) As soon as practicable after the Governor in Council makes a public interest declaration for a person, the person must be personally served with a written notice that includes— notice of the declaration; and either a copy of division 3 or a summary of the effect of the declaration under division 3 .\n(sec.22A-ssec.2) A public interest declaration is of no effect until the written notice mentioned in subsection (1) is served as mentioned in the subsection.\n- (a) notice of the declaration; and\n- (b) either a copy of division 3 or a summary of the effect of the declaration under division 3 .","sortOrder":26},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Dealing with detained person","content":"## Dealing with detained person","sortOrder":27},{"sectionNumber":"sec.22B","sectionType":"section","heading":"Effect of declaration generally","content":"### sec.22B Effect of declaration generally\n\nA public interest declaration has effect for the detained person—\non and from the day it takes effect under section 22A ; and\nuntil a relevant event happens for the person.\nWhile a public interest declaration has effect for the detained person—\nDPSOA does not apply to the person; and\nthe person must no longer be detained, or subject to supervised release, under DPSOA ; and\nthis part operates in relation to the person despite any other Act; and\nthe person must be detained in an institution; and\nthe person is a prisoner for the purposes of the Corrective Services Act 2006 other than the following provisions of that Act—\nchapter 2 , part 2 , division 11 ;\nchapter 5 .\nSee division 5 for what happens when a public interest declaration ends or does not apply to a person.\nHowever, the person may be detained in a watch-house until the person can be conveniently taken to an institution.\nIf the person is not being detained in an institution or watch-house under DPSOA when the public interest declaration is made, the person may be arrested without warrant by a police officer and taken to an institution or watch-house for detention under this section.\ns 22B ins 2013 No. 53 s 6\namd 2020 No. 23 s 69 s ch 1 pt 1\n(sec.22B-ssec.1) A public interest declaration has effect for the detained person— on and from the day it takes effect under section 22A ; and until a relevant event happens for the person.\n(sec.22B-ssec.2) While a public interest declaration has effect for the detained person— DPSOA does not apply to the person; and the person must no longer be detained, or subject to supervised release, under DPSOA ; and this part operates in relation to the person despite any other Act; and the person must be detained in an institution; and the person is a prisoner for the purposes of the Corrective Services Act 2006 other than the following provisions of that Act— chapter 2 , part 2 , division 11 ; chapter 5 . See division 5 for what happens when a public interest declaration ends or does not apply to a person.\n(sec.22B-ssec.3) However, the person may be detained in a watch-house until the person can be conveniently taken to an institution.\n(sec.22B-ssec.4) If the person is not being detained in an institution or watch-house under DPSOA when the public interest declaration is made, the person may be arrested without warrant by a police officer and taken to an institution or watch-house for detention under this section.\n- (a) on and from the day it takes effect under section 22A ; and\n- (b) until a relevant event happens for the person.\n- (a) DPSOA does not apply to the person; and\n- (b) the person must no longer be detained, or subject to supervised release, under DPSOA ; and\n- (c) this part operates in relation to the person despite any other Act; and\n- (d) the person must be detained in an institution; and\n- (e) the person is a prisoner for the purposes of the Corrective Services Act 2006 other than the following provisions of that Act— (i) chapter 2 , part 2 , division 11 ; (ii) chapter 5 . Note— See division 5 for what happens when a public interest declaration ends or does not apply to a person.\n- (i) chapter 2 , part 2 , division 11 ;\n- (ii) chapter 5 .\n- (i) chapter 2 , part 2 , division 11 ;\n- (ii) chapter 5 .","sortOrder":28},{"sectionNumber":"sec.22C","sectionType":"section","heading":"Annual examination of detained person","content":"### sec.22C Annual examination of detained person\n\nThe chief executive (corrective services) must ensure a detained person is examined at least once every year by 2 psychiatrists appointed by the chief executive (corrective services) to conduct examinations under this section, either generally or of the person.\nA detained person must submit to an examination required by the chief executive under subsection (1) .\nA psychiatrist who conducts an examination of a person under subsection (1) must give the chief executive (corrective services) a report that—\nindicates the psychiatrist’s assessment of the level of risk that the person will commit an offence of a sexual nature if released from detention, and the reasons for the assessment; and\nincludes any other matter the psychiatrist considers relevant.\nThe psychiatrist must prepare the report on the basis of—\nthe psychiatrist’s examination and observation of the person; and\nany other report or information the psychiatrist considers relevant.\nFor the purposes of preparing the report, the chief executive (corrective services) must give each psychiatrist any medical, psychiatric, prison or other relevant report or information relating to the person that is in that chief executive’s possession or to which that chief executive has, or may be given, access.\nA person in possession of a report or information mentioned in subsection (5) must give a copy of the report or information to the chief executive (corrective services) if asked by that chief executive.\nSubsection (6) authorises and requires the person to give the report or information despite any other law to the contrary or any duty of confidentiality attaching to the report or information.\nA person giving a report or information under subsection (6) is not liable, civilly, criminally or under an administrative process, for giving the report or information.\nIf subsection (8) applies to a person giving a report or information, section 22R does not apply to the giving of the report or information.\nIn this section—\npsychiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of psychiatry, other than as a student.\ns 22C ins 2013 No. 53 s 6\n(sec.22C-ssec.1) The chief executive (corrective services) must ensure a detained person is examined at least once every year by 2 psychiatrists appointed by the chief executive (corrective services) to conduct examinations under this section, either generally or of the person.\n(sec.22C-ssec.2) A detained person must submit to an examination required by the chief executive under subsection (1) .\n(sec.22C-ssec.3) A psychiatrist who conducts an examination of a person under subsection (1) must give the chief executive (corrective services) a report that— indicates the psychiatrist’s assessment of the level of risk that the person will commit an offence of a sexual nature if released from detention, and the reasons for the assessment; and includes any other matter the psychiatrist considers relevant.\n(sec.22C-ssec.4) The psychiatrist must prepare the report on the basis of— the psychiatrist’s examination and observation of the person; and any other report or information the psychiatrist considers relevant.\n(sec.22C-ssec.5) For the purposes of preparing the report, the chief executive (corrective services) must give each psychiatrist any medical, psychiatric, prison or other relevant report or information relating to the person that is in that chief executive’s possession or to which that chief executive has, or may be given, access.\n(sec.22C-ssec.6) A person in possession of a report or information mentioned in subsection (5) must give a copy of the report or information to the chief executive (corrective services) if asked by that chief executive.\n(sec.22C-ssec.7) Subsection (6) authorises and requires the person to give the report or information despite any other law to the contrary or any duty of confidentiality attaching to the report or information.\n(sec.22C-ssec.8) A person giving a report or information under subsection (6) is not liable, civilly, criminally or under an administrative process, for giving the report or information.\n(sec.22C-ssec.9) If subsection (8) applies to a person giving a report or information, section 22R does not apply to the giving of the report or information.\n(sec.22C-ssec.10) In this section— psychiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of psychiatry, other than as a student.\n- (a) indicates the psychiatrist’s assessment of the level of risk that the person will commit an offence of a sexual nature if released from detention, and the reasons for the assessment; and\n- (b) includes any other matter the psychiatrist considers relevant.\n- (a) the psychiatrist’s examination and observation of the person; and\n- (b) any other report or information the psychiatrist considers relevant.","sortOrder":29},{"sectionNumber":"sec.22D","sectionType":"section","heading":"Giving report of annual examination to detained person","content":"### sec.22D Giving report of annual examination to detained person\n\nThe chief executive (corrective services) must, as soon as practicable after receiving a report about a detained person under section 22C (2) , give a copy of the report to—\nthe person and the person’s legal representative; and\nthe Minister.\ns 22D ins 2013 No. 53 s 6\n- (a) the person and the person’s legal representative; and\n- (b) the Minister.","sortOrder":30},{"sectionNumber":"sec.22E","sectionType":"section","heading":"Annual review of detention by Minister","content":"### sec.22E Annual review of detention by Minister\n\nThe Minister must, as soon as practicable after receiving a report about a detained person under section 22D —\nconsider the report; and\nmake a recommendation to the Governor in Council to make, or not to make, a declaration under section 22F .\nThe Minister may recommend that the Governor in Council make a declaration under section 22F if satisfied that detaining the person under this division is no longer in the public interest.\nBefore making a recommendation under this section, the Minister—\nmust decide whether the continued detention of the person under this division is in the public interest; and\nmust have regard to the report, and any other report about the person previously given to the Minister under section 22D ; and\nmust give the person a reasonable opportunity to make submissions about the Minister’s recommendation, and have regard to any submissions made.\ns 22E ins 2013 No. 53 s 6\n(sec.22E-ssec.1) The Minister must, as soon as practicable after receiving a report about a detained person under section 22D — consider the report; and make a recommendation to the Governor in Council to make, or not to make, a declaration under section 22F .\n(sec.22E-ssec.2) The Minister may recommend that the Governor in Council make a declaration under section 22F if satisfied that detaining the person under this division is no longer in the public interest.\n(sec.22E-ssec.3) Before making a recommendation under this section, the Minister— must decide whether the continued detention of the person under this division is in the public interest; and must have regard to the report, and any other report about the person previously given to the Minister under section 22D ; and must give the person a reasonable opportunity to make submissions about the Minister’s recommendation, and have regard to any submissions made.\n- (a) consider the report; and\n- (b) make a recommendation to the Governor in Council to make, or not to make, a declaration under section 22F .\n- (a) must decide whether the continued detention of the person under this division is in the public interest; and\n- (b) must have regard to the report, and any other report about the person previously given to the Minister under section 22D ; and\n- (c) must give the person a reasonable opportunity to make submissions about the Minister’s recommendation, and have regard to any submissions made.","sortOrder":31},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Ending of declaration for detention","content":"## Ending of declaration for detention","sortOrder":32},{"sectionNumber":"sec.22F","sectionType":"section","heading":"Declaration to end detention","content":"### sec.22F Declaration to end detention\n\nThis section applies if, on the recommendation of the Minister, the Governor in Council is satisfied that detaining a detained person under division 3 is no longer in the public interest.\nThe Governor in Council may, by gazette notice, declare that division 3 no longer applies to the person.\nNotice of the declaration must be personally served on the person.\nThe continuing detention declaration stops applying to the person when the declaration is gazetted.\ns 22F ins 2013 No. 53 s 6\n(sec.22F-ssec.1) This section applies if, on the recommendation of the Minister, the Governor in Council is satisfied that detaining a detained person under division 3 is no longer in the public interest.\n(sec.22F-ssec.2) The Governor in Council may, by gazette notice, declare that division 3 no longer applies to the person.\n(sec.22F-ssec.3) Notice of the declaration must be personally served on the person.\n(sec.22F-ssec.4) The continuing detention declaration stops applying to the person when the declaration is gazetted.","sortOrder":33},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Effect of ending of declaration for detention etc.","content":"## Effect of ending of declaration for detention etc.","sortOrder":34},{"sectionNumber":"sec.22G","sectionType":"section","heading":"End of detention and revival of DPSOA order","content":"### sec.22G End of detention and revival of DPSOA order\n\nIf a relevant event happens for a detained person—\nthe person is no longer to be detained under division 3 ; and\nthe DPSOA order for which the person was a relevant person revives, unless it is a supervision order and the period for which the order had effect, as stated in the order, has passed.\nIf a supervision order is revived under subsection (1) (b) , the period for which the person was detained under division 3 must be counted as part of the period for which the order has effect.\nHowever, this section is subject to sections 22I and 22J .\ns 22G ins 2013 No. 53 s 6\n(sec.22G-ssec.1) If a relevant event happens for a detained person— the person is no longer to be detained under division 3 ; and the DPSOA order for which the person was a relevant person revives, unless it is a supervision order and the period for which the order had effect, as stated in the order, has passed.\n(sec.22G-ssec.2) If a supervision order is revived under subsection (1) (b) , the period for which the person was detained under division 3 must be counted as part of the period for which the order has effect.\n(sec.22G-ssec.3) However, this section is subject to sections 22I and 22J .\n- (a) the person is no longer to be detained under division 3 ; and\n- (b) the DPSOA order for which the person was a relevant person revives, unless it is a supervision order and the period for which the order had effect, as stated in the order, has passed.","sortOrder":35},{"sectionNumber":"sec.22H","sectionType":"section","heading":"Review Of Continuing Detention Order","content":"### sec.22H Review Of Continuing Detention Order\n\nThis section applies if—\na continuing detention order is revived under section 22G (3) ; and\nbecause of the operation of this part, the period within which a review under DPSOA , section 27 must be completed for the order has passed without the review being carried out.\nThe Attorney-General must immediately make any necessary applications for a review to be carried out under DPSOA , section 27 .\ns 22H ins 2013 No. 53 s 6\n(sec.22H-ssec.1) This section applies if— a continuing detention order is revived under section 22G (3) ; and because of the operation of this part, the period within which a review under DPSOA , section 27 must be completed for the order has passed without the review being carried out.\n(sec.22H-ssec.2) The Attorney-General must immediately make any necessary applications for a review to be carried out under DPSOA , section 27 .\n- (a) a continuing detention order is revived under section 22G (3) ; and\n- (b) because of the operation of this part, the period within which a review under DPSOA , section 27 must be completed for the order has passed without the review being carried out.","sortOrder":36},{"sectionNumber":"sec.22I","sectionType":"section","heading":"Application for amendment of supervision order","content":"### sec.22I Application for amendment of supervision order\n\nThis section applies if—\nthe DPSOA order for which a detained person was a relevant person is a supervision order; and\nthe period for which the supervision order has effect, as stated in the order, has not passed.\nAn application may be made under DPSOA , part 2 , division 4 for the amendment of the supervision order on or before the day a relevant event happens for the detained person.\nIf an application is made under subsection (2) , section 22G (1) does not take effect for the detained person until the application is finally dealt with under DPSOA .\nThis section does not affect the operation of DPSOA , part 2 , division 4 for applications made under that division after the day the relevant event happens.\ns 22I ins 2013 No. 53 s 6\n(sec.22I-ssec.1) This section applies if— the DPSOA order for which a detained person was a relevant person is a supervision order; and the period for which the supervision order has effect, as stated in the order, has not passed.\n(sec.22I-ssec.2) An application may be made under DPSOA , part 2 , division 4 for the amendment of the supervision order on or before the day a relevant event happens for the detained person.\n(sec.22I-ssec.3) If an application is made under subsection (2) , section 22G (1) does not take effect for the detained person until the application is finally dealt with under DPSOA .\n(sec.22I-ssec.4) This section does not affect the operation of DPSOA , part 2 , division 4 for applications made under that division after the day the relevant event happens.\n- (a) the DPSOA order for which a detained person was a relevant person is a supervision order; and\n- (b) the period for which the supervision order has effect, as stated in the order, has not passed.","sortOrder":37},{"sectionNumber":"sec.22J","sectionType":"section","heading":"Further supervision order","content":"### sec.22J Further supervision order\n\nThis section applies if—\nthe DPSOA order for which a detained person was a relevant person is a supervision order; and\nthe order can not be revived, under section 22G (3) , because the period for which the order had effect, as stated in the order, has passed.\nThe Attorney-General may apply for a further supervision order under DPSOA , part 2 , division 4A as if the person were subject to a supervision order.\nThe application—\nmay be made on or before the day a relevant event happens for the detained person; or\nif the application is not made on or before the day mentioned in paragraph (a) —must be made as soon as practicable after that day.\nThis section applies despite DPSOA , section 19B (3) .\nIf an application for a further supervision order is made under subsection (2) on or before the day a relevant event happens for the detained person, section 22G (1) does not take effect for the person until the application is finally dealt with under DPSOA .\ns 22J ins 2013 No. 53 s 6\n(sec.22J-ssec.1) This section applies if— the DPSOA order for which a detained person was a relevant person is a supervision order; and the order can not be revived, under section 22G (3) , because the period for which the order had effect, as stated in the order, has passed.\n(sec.22J-ssec.2) The Attorney-General may apply for a further supervision order under DPSOA , part 2 , division 4A as if the person were subject to a supervision order.\n(sec.22J-ssec.3) The application— may be made on or before the day a relevant event happens for the detained person; or if the application is not made on or before the day mentioned in paragraph (a) —must be made as soon as practicable after that day.\n(sec.22J-ssec.4) This section applies despite DPSOA , section 19B (3) .\n(sec.22J-ssec.5) If an application for a further supervision order is made under subsection (2) on or before the day a relevant event happens for the detained person, section 22G (1) does not take effect for the person until the application is finally dealt with under DPSOA .\n- (a) the DPSOA order for which a detained person was a relevant person is a supervision order; and\n- (b) the order can not be revived, under section 22G (3) , because the period for which the order had effect, as stated in the order, has passed.\n- (a) may be made on or before the day a relevant event happens for the detained person; or\n- (b) if the application is not made on or before the day mentioned in paragraph (a) —must be made as soon as practicable after that day.","sortOrder":38},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Limitation of review","content":"## Limitation of review","sortOrder":39},{"sectionNumber":"sec.22K","sectionType":"section","heading":"Limitation of review","content":"### sec.22K Limitation of review\n\nThis section applies to the following—\na decision of the Minister to recommend that the Governor in Council make a public interest declaration;\na decision of the Governor in Council to make a public interest declaration;\na decision of the Minister to recommend that the Governor in Council not make a declaration under section 22F ;\na decision of the Governor in Council not to make a declaration under section 22F .\nThe Judicial Review Act 1991 , part 4 does not apply to the decision.\nSubject to subsection (4) , the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nThe Judicial Review Act 1991 , part 5 applies to the decision to the extent it is affected by jurisdictional error.\nIn this section—\ndecision includes a decision or conduct leading up to or forming part of the process of making a decision.\ns 22K ins 2013 No. 53 s 6\n(sec.22K-ssec.1) This section applies to the following— a decision of the Minister to recommend that the Governor in Council make a public interest declaration; a decision of the Governor in Council to make a public interest declaration; a decision of the Minister to recommend that the Governor in Council not make a declaration under section 22F ; a decision of the Governor in Council not to make a declaration under section 22F .\n(sec.22K-ssec.2) The Judicial Review Act 1991 , part 4 does not apply to the decision.\n(sec.22K-ssec.3) Subject to subsection (4) , the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.22K-ssec.4) The Judicial Review Act 1991 , part 5 applies to the decision to the extent it is affected by jurisdictional error.\n(sec.22K-ssec.5) In this section— decision includes a decision or conduct leading up to or forming part of the process of making a decision.\n- (a) a decision of the Minister to recommend that the Governor in Council make a public interest declaration;\n- (b) a decision of the Governor in Council to make a public interest declaration;\n- (c) a decision of the Minister to recommend that the Governor in Council not make a declaration under section 22F ;\n- (d) a decision of the Governor in Council not to make a declaration under section 22F .\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.","sortOrder":40},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Miscellaneous provisions for operation of part 4","content":"# Miscellaneous provisions for operation of part 4","sortOrder":41},{"sectionNumber":"pt.4A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":42},{"sectionNumber":"sec.22L","sectionType":"section","heading":"Meaning of particular terms","content":"### sec.22L Meaning of particular terms\n\nIn this part, a term used in the part and defined in section 19 has the meaning it has under that section.\ns 22L ins 2013 No. 53 s 6","sortOrder":43},{"sectionNumber":"sec.22M","sectionType":"section","heading":"References to operation of part 4","content":"### sec.22M References to operation of part 4\n\nIn this part, a reference to the operation of part 4 includes a reference to the purported operation of part 4 .\ns 22M ins 2013 No. 53 s 6","sortOrder":44},{"sectionNumber":"pt.4A-div.2","sectionType":"division","heading":"Provisions about DPSOA orders","content":"## Provisions about DPSOA orders","sortOrder":45},{"sectionNumber":"sec.22N","sectionType":"section","heading":"Application of div 2","content":"### sec.22N Application of div 2\n\nThis division applies if—\nbecause of the operation of part 4 , there is a public interest declaration for a person; and\nthe public interest declaration stops applying or does not apply to the person other than because of—\na declaration made by the Governor in Council under section 22F ; or\na determination of the Supreme Court that a decision about the public interest declaration is affected by jurisdictional error.\ns 22N ins 2013 No. 53 s 6\n- (a) because of the operation of part 4 , there is a public interest declaration for a person; and\n- (b) the public interest declaration stops applying or does not apply to the person other than because of— (i) a declaration made by the Governor in Council under section 22F ; or (ii) a determination of the Supreme Court that a decision about the public interest declaration is affected by jurisdictional error.\n- (i) a declaration made by the Governor in Council under section 22F ; or\n- (ii) a determination of the Supreme Court that a decision about the public interest declaration is affected by jurisdictional error.\n- (i) a declaration made by the Governor in Council under section 22F ; or\n- (ii) a determination of the Supreme Court that a decision about the public interest declaration is affected by jurisdictional error.","sortOrder":46},{"sectionNumber":"sec.22O","sectionType":"section","heading":"End of detention and revival of DPSOA order","content":"### sec.22O End of detention and revival of DPSOA order\n\nThe person must no longer be detained in an institution because of the operation of part 4 .\nThe DPSOA order for which the person was a relevant person revives, unless it is a supervision order and the period for which the order had effect, as stated in the order, has passed.\nIf a supervision order is revived under subsection (2) , the period for which the person was detained because of the operation of part 4 must be counted as part of the period for which the order has effect.\ns 22O ins 2013 No. 53 s 6\n(sec.22O-ssec.1) The person must no longer be detained in an institution because of the operation of part 4 .\n(sec.22O-ssec.2) The DPSOA order for which the person was a relevant person revives, unless it is a supervision order and the period for which the order had effect, as stated in the order, has passed.\n(sec.22O-ssec.3) If a supervision order is revived under subsection (2) , the period for which the person was detained because of the operation of part 4 must be counted as part of the period for which the order has effect.","sortOrder":47},{"sectionNumber":"sec.22P","sectionType":"section","heading":"Review of continuing detention order","content":"### sec.22P Review of continuing detention order\n\nThis section applies if—\nthe DPSOA order for which the person was a relevant person is a continuing detention order; and\nthe order is revived under section 22O (2) or otherwise; and\nbecause of the operation of part 4 , the period within which a review under DPSOA , section 27 must be completed for the order has passed without the review being carried out.\nThe Attorney-General must immediately make any necessary applications for the review to be carried out under DPSOA , section 27 .\ns 22P ins 2013 No. 53 s 6\n(sec.22P-ssec.1) This section applies if— the DPSOA order for which the person was a relevant person is a continuing detention order; and the order is revived under section 22O (2) or otherwise; and because of the operation of part 4 , the period within which a review under DPSOA , section 27 must be completed for the order has passed without the review being carried out.\n(sec.22P-ssec.2) The Attorney-General must immediately make any necessary applications for the review to be carried out under DPSOA , section 27 .\n- (a) the DPSOA order for which the person was a relevant person is a continuing detention order; and\n- (b) the order is revived under section 22O (2) or otherwise; and\n- (c) because of the operation of part 4 , the period within which a review under DPSOA , section 27 must be completed for the order has passed without the review being carried out.","sortOrder":48},{"sectionNumber":"sec.22Q","sectionType":"section","heading":"Further supervision order","content":"### sec.22Q Further supervision order\n\nThis section applies if—\nthe DPSOA order for which the person was a relevant person is a supervision order; and\nthe order can not be revived, under section 22O (2) or otherwise, because the period for which the order had effect, as stated in the order, has passed.\nThe Attorney-General may apply for a further supervision order under DPSOA , part 2 , division 4A as if the person were subject to a supervision order.\nThe application must be made as soon as practicable after the day the public interest declaration stops applying or does not apply to the person.\nThis section applies despite DPSOA , section 19B (3) .\ns 22Q ins 2013 No. 53 s 6\n(sec.22Q-ssec.1) This section applies if— the DPSOA order for which the person was a relevant person is a supervision order; and the order can not be revived, under section 22O (2) or otherwise, because the period for which the order had effect, as stated in the order, has passed.\n(sec.22Q-ssec.2) The Attorney-General may apply for a further supervision order under DPSOA , part 2 , division 4A as if the person were subject to a supervision order.\n(sec.22Q-ssec.3) The application must be made as soon as practicable after the day the public interest declaration stops applying or does not apply to the person.\n(sec.22Q-ssec.4) This section applies despite DPSOA , section 19B (3) .\n- (a) the DPSOA order for which the person was a relevant person is a supervision order; and\n- (b) the order can not be revived, under section 22O (2) or otherwise, because the period for which the order had effect, as stated in the order, has passed.","sortOrder":49},{"sectionNumber":"pt.4A-div.3","sectionType":"division","heading":"Protection from liability","content":"## Protection from liability","sortOrder":50},{"sectionNumber":"sec.22R","sectionType":"section","heading":"Protection from liability","content":"### sec.22R Protection from liability\n\nA public official is not civilly liable for an act done, or omission made, for the operation of part 4 , if the act was done, or omission was made, honestly and without negligence.\nIf subsection (1) prevents a civil liability attaching to a public official, the liability attaches instead to the State.\nIn this section—\npublic official means—\nthe Minister; or\nthe chief executive (corrective services); or\na person acting under the authority of part 4 or a person mentioned in paragraph (a) or (b) .\ns 22R ins 2013 No. 53 s 6\n(sec.22R-ssec.1) A public official is not civilly liable for an act done, or omission made, for the operation of part 4 , if the act was done, or omission was made, honestly and without negligence.\n(sec.22R-ssec.2) If subsection (1) prevents a civil liability attaching to a public official, the liability attaches instead to the State.\n(sec.22R-ssec.3) In this section— public official means— the Minister; or the chief executive (corrective services); or a person acting under the authority of part 4 or a person mentioned in paragraph (a) or (b) .\n- (a) the Minister; or\n- (b) the chief executive (corrective services); or\n- (c) a person acting under the authority of part 4 or a person mentioned in paragraph (a) or (b) .","sortOrder":51},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":52},{"sectionNumber":"sec.23","sectionType":"section","heading":"Transfer of reporting obligations to Offender Reporting Act","content":"### sec.23 Transfer of reporting obligations to Offender Reporting Act\n\nThis section applies to a person who was subject to a reporting order under section 19 immediately before the commencement of this section.\nThe person is no longer subject to the order.\nHowever, part 4, as in force immediately before the commencement of this section, applies to the person if the person is prosecuted for an offence against section 19(5) or 20(6) that was committed before the repeal of that part.\nIf the person has—\nappealed against the making of the order under section 19(6); or\napplied to have the order revoked under section 19B(1);\nthe appeal or application is terminated.\nIf the person had any expectation of being able—\nto appeal against the making of the order under section 19(6); or\nto apply to have the order revoked under section 19B(1);\nthe expectation is extinguished.\nIn this section—\nexpectation includes right, privilege, entitlement and eligibility.\nOffender Reporting Act means the Child Protection (Offender Reporting) Act 2004 .\ns 23 ins 1999 No. 87 s 8\nsub 2004 No. 52 s 91\n(sec.23-ssec.1) This section applies to a person who was subject to a reporting order under section 19 immediately before the commencement of this section.\n(sec.23-ssec.2) The person is no longer subject to the order.\n(sec.23-ssec.3) However, part 4, as in force immediately before the commencement of this section, applies to the person if the person is prosecuted for an offence against section 19(5) or 20(6) that was committed before the repeal of that part.\n(sec.23-ssec.4) If the person has— appealed against the making of the order under section 19(6); or applied to have the order revoked under section 19B(1); the appeal or application is terminated.\n(sec.23-ssec.5) If the person had any expectation of being able— to appeal against the making of the order under section 19(6); or to apply to have the order revoked under section 19B(1); the expectation is extinguished.\n(sec.23-ssec.6) In this section— expectation includes right, privilege, entitlement and eligibility. Offender Reporting Act means the Child Protection (Offender Reporting) Act 2004 .\n- (a) appealed against the making of the order under section 19(6); or\n- (b) applied to have the order revoked under section 19B(1);\n- (a) to appeal against the making of the order under section 19(6); or\n- (b) to apply to have the order revoked under section 19B(1);","sortOrder":53},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 ins 2003 No. 3 s 26\nom 2004 No. 52 s 91","sortOrder":54},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 ins 2003 No. 3 s 26\nom 2004 No. 52 s 91","sortOrder":55}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The text as presented incorporates provisions that extend and repurpose older mechanisms into a broader framework. Originally this Act provided for probation and judge‑ordered detention where incapacity to control sexual instincts was shown (s17, s18). Subsequent inserted parts in the text create an integrated conditional‑release pathway tied to the Corrective Services Act (pt.3A, ss18A–18H) and an executive public‑interest declaration regime that can remove persons from the DPSOA scheme and subject them to detention under this Act (pt.4, ss19–22R). Those later additions change scope by (a) treating certain detainees as if serving a notional life sentence for parole purposes (s18B), (b) adding an executive declaration power to detain or end detention with special procedural steps (ss21–22F), (c) imposing annual psychiatrist review and compelled information‑sharing (s22C), and (d) limiting ordinary judicial review of those executive decisions (s22K). These provisions expand the Act’s operational reach beyond the original court‑centred detention and probation mechanisms to include executive decisions, administrative review cycles and specific parole‑related rules. All citations in this description are to the sections contained in the provided text."},"complexity_factors":["Multiple cross‑references to other statutes (Criminal Code, Corrective Services Act 2006, DPSOA, Health Practitioner Regulation National Law) requiring inter‑statutory coordination","Layered decision‑makers with overlapping powers: judges, Magistrates, Attorney‑General, Minister, Governor in Council, chief executive (corrective services), Queensland Parole Board","Dual detention pathways (judicial medical‑assessment indeterminate detention under s18; executive public‑interest declarations under pt.4) with different processes and standards","Procedural complexity: medical examinations on oath, rights to cross‑examine, annual and quarterly psychiatric review schedules, notice and submission windows for recommendations","Executive discretion coupled with statutory limits on judicial review (finality subject only to jurisdictional error in s22K)","Information and confidentiality rules that compel sharing of medical, prison and other reports and override other confidentiality duties for specified purposes (s22C(5)–(7))","Interlocking revival/amendment rules for DPSOA orders when a declaration starts or ends (ss22G–22Q)","Liability allocation rules shifting civil exposure from individuals to the State where public officials are protected (s22R)","Multiple timing triggers (e.g. when a notional life term begins under s18B, when declarations take effect on personal service and gazettal under s22A/22F)"],"plain_english_summary":"What this law does, who it affects, and how it works (plain language)\n\n- Purpose claimed in the text: the Act creates criminal-justice mechanisms for supervising and, in specified circumstances, detaining people convicted of sexual offences. It sets out (a) court-ordered probation with supervision for offenders convicted of sexual offences (pt.2, s17); (b) a process by which courts can order indefinite detention where medical practitioners report the offender is incapable of controlling sexual instincts (pt.3, s18); (c) a conditional-release framework that treats certain detainees like life prisoners for parole purposes and adds extra parole tests (pt.3A, ss18A–18H); and (d) an executive route for further detention of particular offenders by public interest declaration, with annual psychiatric review and tightly limited judicial review (pt.4, ss19–22R). The Act also contains transitional rules about reporting obligations moved to a child-protection reporting Act (pt.5, s23).\n\nHow the main mechanics work\n\n- Probation with supervision (who supervises, who pays): If a court makes a recognisance under the Criminal Code for someone convicted of a sexual offence, the court may add a probation order requiring supervision by a named person (s17(1)). The Governor in Council appoints probation officers (s17(2)). The court must normally name a probation officer (or a children’s probation officer for under‑18s) unless there is good reason otherwise (s17(3)). The court may instead name an agent of a voluntary society; payments to that agent may be made to the society (s17(4)). Probation officers have duties to visit, enforce recognisance conditions, report to the court and assist with employment, and are paid by direction of the Governor in Council (s17(5)–(6)).\n\n- Judicially‑triggered indeterminate detention (medical assessment route): Where a person is found guilty of a sexual offence against a child under 16, the trial judge may order two or more medical practitioners to examine whether the offender is incapable of exercising proper control over sexual instincts; one examiner should be a psychiatrist if reasonably available (s18(1)). The medical examiners report on oath to the judge (s18(2)). If the medical report shows incapacity, the judge may declare the offender incapable and order detention in an institution during Her Majesty’s pleasure (s18(3)). The offender may cross‑examine the medical practitioners and call rebuttal evidence; no order may be made unless the judge considers the matters proved (s18(3A)). The Attorney‑General can also apply for the same type of order where medical practitioners report an imprisoned person lacks control but could be cured by further treatment and detention after the sentence is desirable (s18(4)).\n\n  - Practical effects and decision points: detention under s18 is placed in an institution named by the Governor in Council (s18(5)). Release requires the Governor in Council to be satisfied, on reports of two medical practitioners, that release is expedient (s18(5)). Detainees (other than those released under pt.3A) must be examined at least once every three months by the chief psychiatrist or an appointee and reports are sent to the chief psychiatrist (s18(8)–(8A)). The chief executive responsible for Hospital and Health Boards may order transfers between institutions (s18(9)). The section also provides that a s18 direction is to be treated as a sentence for Criminal Code appeal purposes (s18(13)).\n\n- Conditional release treated through corrective‑services/parole rules (pt.3A): The Act treats a detainee under s18 as if serving a notional term of life imprisonment for the purposes of the Corrective Services Act 2006, chapter 5 (s18B(1)). The Act disallows an ‘exceptional circumstances’ parole application (s18C), requires the Queensland Parole Board to give the Attorney‑General a copy of parole applications and to consider the Attorney‑General’s written submissions (s18D), requires the Board to be satisfied the detainee does not represent an unacceptable risk to others before granting parole (s18E), and allows additional parole conditions such as compulsory medical/psychological treatment or drug testing (s18F). A detainee released under this part is a prisoner for purposes of Corrective Services Act provisions that relate to being unlawfully at large (s18G). Section 18H prevents later release under certain unconditional‑release subsections of s18.\n\n- Executive public‑interest detention overlay (pt.4): The Act creates a separate mechanism where, on the Minister’s recommendation, the Governor in Council may declare that a person who was subject to a continuing detention or supervision order under the Dangerous Prisoners (Sexual Offenders) Act (DPSOA) be detained under this Act if detention is ‘‘in the public interest’’ (s21). The Minister may recommend without prior notice for persons subject to a continuing detention order but must usually give notice and an opportunity to make written submissions where the person is on a supervision order (s22). The declaration only takes effect once the person has been personally served with written notice (s22A(1)–(2)).\n\n  - Effects while a public interest declaration applies: DPSOA ceases to apply to the person and the person must be detained in an institution; the person becomes a prisoner under the Corrective Services Act subject to specified exceptions (s22B). If not already detained, police may arrest the person without warrant to bring them into custody for this detention (s22B(4)).\n\n  - Regular review and exit: The chief executive (corrective services) must arrange annual examinations by two psychiatrists and obtain risk assessments, with psychiatrists required to prepare reports using clinical examination plus relevant records supplied by corrective services (s22C). The chief executive must give the person, their legal representative and the Minister a copy of each psychiatrist’s report as soon as practicable (s22D). The Minister must review reports and decide whether to recommend to the Governor in Council that the declaration end; the Minister must give the person a reasonable opportunity to make submissions (s22E). If the Governor in Council accepts the recommendation that detention should end, it publishes a gazette notice and personally serves the person (s22F).\n\n  - Revival, amendment and transitional arrangements with DPSOA: When a public interest declaration ends or ceases to apply for specified reasons, the underlying DPSOA order revives in most cases (s22G). The Act contains processes for reviving, reviewing, amending or applying for further supervision or continuing detention orders so the DPSOA scheme and this Act interlock (s22G–22Q).\n\n  - Executive discretion and finality: The Minister and Governor in Council may take into account any matters they consider relevant when deciding whether detention is in the public interest; that list is expressly not limited (s20). Decisions to recommend, to make, or to end a public interest declaration are final and conclusive and are insulated from the Judicial Review Act 1991, part 4, although they remain reviewable to the extent jurisdictional error is shown (s22K).\n\n  - Liability protection: Public officials acting honestly and without negligence in operating part 4 are not civilly liable; if that removes liability from the official, the liability attaches to the State (s22R).\n\nWho decides and who pays (mechanics of incentives and costs)\n\n- Judges and Magistrates decide whether to order medical inquiries and whether to exercise powers under s18 to detain (s18(1)–(3)). The Attorney‑General can initiate applications under s18(4) (s18(4)). The Governor in Council decides on institutions and release (s18(5)). The Minister and Governor in Council decide on public interest declarations (s21–22F). The Queensland Parole Board decides parole applications but must consider Attorney‑General submissions (s18D). The Governor in Council directs the appointment and payment of probation officers and their remuneration is charged to the public purse by direction (s17(2), s17(6)). The State bears civil liability in place of public officials where liability is excluded (s22R(2)).\n\nCompliance, administrative and implementation burdens\n\n- Courts must oversee medical inquiries and hear contested medical evidence (s18(2)–(3A)). Probation officers must visit, report, and assist supervised persons (s17(5)). Corrective services must arrange frequent psychiatric examinations for s18 detainees (every 3 months, s18(8)) and annual dual‑psychiatrist assessments for pt.4 detainees (s22C(1)). Those psychiatrists must be given relevant records and must produce reasoned risk assessments (s22C(3)–(5)); provision (s22C(6)–(7)) overrides confidentiality duties to require production of reports to the chief executive. The Minister must consider reports and afford opportunities for submissions before recommending ending a declaration (s22E(3)). Gazette notices and personal service steps are required for declarations to take effect or to end (s22A, s22F).\n\nTrade‑offs, concentrated benefits and diffuse costs (mechanisms, not judgments)\n\n- Concentrated decision authority: the Governor in Council and Minister have broad discretion to make and end public interest declarations (s20, s21–22F). That centralises a binary detention decision in executive hands, subject to limited judicial review (s22K). The Act itself records this structure; the text does not state the policy trade‑offs but the mechanical consequence is that executive decisions will determine detention status once procedural preconditions (service, appeals finalised) are met.\n\n- Health‑professional reporting and confidentiality: psychiatrists are required to examine and report, and holders of relevant reports are compelled to provide them to corrective services despite other confidentiality duties (s22C(5)–(7)). That shifts information flows to support executive review and annual risk assessment.\n\n- State financial and operational burdens: the State funds probation officers (s17(6)), institutions and medical examinations, and may absorb civil liability where public officials are shielded (s22R). Intensified supervision, frequent psychiatric review and the administrative process of declarations, gazette notices and transfers impose recurring operational demands on corrective services and health services (s18(8), s22C).\n\nImplementation risks and legal limits\n\n- Limited judicial oversight: decisions about making or ending public interest declarations are final except for jurisdictional error (s22K). That reduces avenues for ordinary judicial review of executive substance decisions while retaining some protection where decision‑making has exceeded legal authority.\n\n- Interlocking regimes: the law explicitly ties into other statutes (Criminal Code, Corrective Services Act 2006, DPSOA, Health Practitioner Regulation National Law) and changes how detainees are treated for parole and review. That integration requires coordination across agencies and statutory instruments (s2A, s18B, s22B, s22C).\n\nSections cited in this summary: s1, s2A, s17, s18, ss18A–18H (pt.3A), and ss19–23 and ss22A–22R (pt.4 and pt.5). Where the Act refers to other statutes it uses those statutes’ definitions or procedures as applied to persons covered by this Act (see s2A, s18B, s22B, s22C)."},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1945 Act was primarily focused on probation supervision and judicial indefinite detention of sexual offenders against children. Over decades of amendment, its scope has expanded dramatically to include: conditional parole release regimes (Part 3A, added 2002); an executive 'public interest' detention power operating outside the court system for persons already subject to DPSOA orders (Part 4, added 2013); associated miscellaneous provisions protecting officials from liability and managing transitions between regimes (Part 4A, added 2013); and transitional provisions dealing with now-repealed offender reporting schemes. The law has evolved from a relatively narrow post-conviction supervision tool into a multi-layered system of ongoing community protection detention that significantly engages questions of executive versus judicial power."},"complexity_factors":["Multiple overlapping detention regimes (probation, indefinite judicial detention, parole, executive 'public interest' detention) operating in parallel","Heavy cross-referencing with at least six other Acts (Corrective Services Act 2006, Dangerous Prisoners (Sexual Offenders) Act 2003, Mental Health Act 2016, Health Practitioner Regulation National Law, Judicial Review Act 1991, Child Protection (Offender Reporting) Act 2004)","Highly unusual executive detention power (Part 4) that bypasses court sentencing, raising constitutional complexity","Severely restricted judicial review provisions (s.22K) with a narrow 'jurisdictional error' carve-out requiring understanding of administrative law","Complex interaction between 'public interest declarations' and DPSOA orders — including revival, amendment, and further-order provisions across multiple divisions","Transitional provisions dealing with abolished reporting order regimes layered over current law","Different procedural rules depending on whether conviction was on indictment (serious court trial) or summary conviction (Magistrates Court), and whether sentence was already imposed","Use of archaic drafting language ('Her Majesty's pleasure', 'recognisance', 'depositions') alongside modern terminology","Retrospective application provisions (s.18(11)) applying the Act to pre-1945 offenders","Multiple definitions spread across different sections and referenced Acts, requiring constant cross-referencing to understand any given provision"],"plain_english_summary":"## Queensland's Criminal Law Amendment Act 1945 — What It Does\n\nThis is a Queensland law originally from 1945 that has been heavily updated over the decades. It targets people convicted of **sexual offences** — particularly offences against children — and creates a range of mechanisms to manage, supervise, and in some cases indefinitely detain these offenders.\n\n### Who does this affect?\n- People convicted of sexual offences in Queensland\n- People already in prison for sexual offences who doctors say cannot control their sexual urges\n- Medical professionals and corrective services staff involved in assessing these offenders\n- The Attorney-General, Minister, and Governor in Council (the Queensland government executive)\n\n### What does it actually do?\n\n**1. Probation with supervision (Part 2)**\nWhen someone is convicted of a sexual offence, a court can order them to be supervised by a probation officer as a condition of their release. The probation officer must check in on them, make sure they follow their conditions, report back to the court, and help them find work.\n\n**2. Indefinite detention — 'Her Majesty's pleasure' (Part 3)**\nThis is the most serious power. If a person is convicted of a sexual offence against a child under 16, a judge can order doctors (including at least one psychiatrist — a doctor specialising in mental health) to assess whether the offender **cannot control their sexual urges**. If the doctors say yes, the judge can order the person to be **locked up indefinitely** — meaning there is no fixed end date to their imprisonment. The person stays locked up until the government decides it is safe to release them. They must be examined by a psychiatrist every 3 months while detained.\n\nThis power can also be used mid-sentence: if a prisoner serving time for a sexual offence is assessed as still dangerous *before* their release, the Attorney-General can apply to the Supreme Court to keep them locked up beyond their original sentence.\n\n**3. Conditional release (Part 3A)**\nPeople held indefinitely can apply to the **Parole Board Queensland** for conditional release. However, they cannot be granted release unless the Board is satisfied they do **not pose an unacceptable risk** to the safety of others. The Attorney-General can make submissions opposing release. Conditions like psychiatric treatment and drug testing can be attached to any release.\n\n**4. 'Public interest' detention — an extra layer of indefinite detention (Part 4)**\nThis is the most extraordinary power. If someone is already subject to a **continuing detention order or supervision order** under the *Dangerous Prisoners (Sexual Offenders) Act 2003* (a separate law for dangerous sex offenders), the **Minister can recommend** — and the **Governor in Council (the government executive) can declare by gazette notice** — that this person must be detained further 'in the public interest.' There is no court involved in making this declaration. The person is then treated like a life prisoner.\n\n- The detained person must be examined by two psychiatrists **every year**\n- The Minister reviews the detention annually and can recommend the declaration be ended\n- Crucially, **court review of the government's decisions is severely limited** — the government's decisions to detain or continue detention cannot normally be challenged in court, except in cases of 'jurisdictional error' (meaning the government acted completely outside its legal powers)\n\n### Why does this matter?\nThis law gives the Queensland government extraordinary powers to detain people convicted of sexual offences — potentially for the rest of their lives — even after they have served their court-imposed sentence. The 'public interest' detention power in Part 4 is particularly significant because it allows the government (not a court) to order ongoing detention, and limits the ability of the detained person to challenge that decision in court. This raises serious questions about civil liberties and the separation of powers (the principle that courts, not governments, should decide who is locked up).\n\nThis law interacts with several other Queensland Acts including the *Corrective Services Act 2006*, the *Dangerous Prisoners (Sexual Offenders) Act 2003*, and the *Mental Health Act 2016*."},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1945 scope. Originally focused on probation and indeterminate detention for sexual offenders based on medical incapacity findings, it has expanded to include: (1) a structured parole scheme for indefinite detainees (2002); (2) a completely new 'public interest' detention regime for dangerous prisoners whose DPSOA orders are expiring (2013); and (3) complex transitional provisions managing the shift between these regimes. The 2013 amendments effectively created a parallel detention system that operates when the Dangerous Prisoners (Sexual Offenders) Act regime ends, effectively allowing indefinite extension of detention through executive decision-making subject to annual review."},"complexity_factors":["Heavy cross-referencing with at least 5 other Acts (Criminal Code, Justices Act 1886, Corrective Services Act 2006, Dangerous Prisoners (Sexual Offenders) Act 2003, Mental Health Act 2016, Health Practitioner Regulation National Law)","Nested conditional logic with multiple pathways depending on conviction type (indictment vs summary), age of victim, timing of offence (pre/post 1997), and type of detention order","Multiple overlapping detention schemes: original indeterminate detention (s 18), parole scheme (Part 3A), and public interest declarations (Part 4)","Complex temporal provisions regarding when detention begins, when it expires, and how it interacts with other sentences","Extensive amendment history with sections repealed, renumbered, and substituted multiple times (e.g., Part 4 completely replaced in 2013)","Specific medical and psychiatric evidentiary requirements with mandatory reporting obligations","Interaction between judicial, executive (Governor in Council/Minister), and administrative (chief executive) decision-making","Ouster clauses limiting judicial review (s 22K) with exceptions for jurisdictional error"],"plain_english_summary":"This legislation, the **Criminal Law Amendment Act 1945** (Queensland), creates special powers to manage people convicted of sexual offences—particularly those who pose ongoing risks to the community.\n\n**What it does:**\n\n*   **Probation for sexual offenders (Part 2):** Allows courts to place offenders convicted of sexual offences under supervised probation. This involves regular check-ins with a probation officer who monitors behaviour, ensures court conditions are met, and helps the offender find work. Special children's probation officers handle offenders under 18.\n\n*   **Indeterminate detention (Part 3):** Allows judges to order indefinite detention (\"during Her Majesty's pleasure\") for offenders convicted of sexual offences against children under 16, if medical evidence shows they cannot control their sexual instincts. This can happen at sentencing or even after a prison sentence is completed if doctors report the person remains dangerous. The Governor in Council (the government) decides when it's safe to release them, based on medical advice.\n\n*   **Conditional release on parole (Part 3A):** Introduced in 2002, this allows some detainees held indefinitely to apply for parole (supervised release) under strict conditions. They are treated as if serving life sentences, cannot get \"exceptional circumstances\" parole, and must prove they don't pose an unacceptable risk. The Attorney-General can make submissions opposing release.\n\n*   **Further detention in the public interest (Part 4):** Introduced in 2013, this allows the Governor in Council, on the Minister's recommendation, to declare that certain high-risk sexual offenders must remain detained even after their Dangerous Prisoners (Sexual Offenders) Act orders expire or are about to expire. This is essentially a safety valve to keep the most dangerous individuals locked up when it's in the public interest. The Minister reviews these detentions annually.\n\n*   **Protection for officials (Part 4A):** Shields public officials from personal liability for actions taken under Part 4, provided they act honestly and without negligence.\n\n**Who it affects:**\n\n*   People convicted of sexual offences, especially against children\n*   Probation officers and psychiatrists who assess and supervise offenders\n*   The courts (Supreme Court and Magistrates Courts)\n*   The Governor in Council and the Attorney-General\n\n**Why it matters:**\nThis Act represents Queensland's framework for dealing with sexual offenders who are considered likely to reoffend. It balances community protection against individual rights, though critics note it allows for potentially indefinite detention based on predictions of future dangerousness rather than punishment for past crimes. The legislation has evolved significantly from its original 1945 form, adding layers of administrative and judicial oversight while maintaining the core power to detain people beyond their original sentences if deemed necessary for public safety."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-law-amendment-act-1945","history":"/api/acts/criminal-law-amendment-act-1945/history","analysis":"/api/acts/criminal-law-amendment-act-1945/analysis","conflicts":"/api/acts/criminal-law-amendment-act-1945/conflicts","importantCases":"/api/acts/criminal-law-amendment-act-1945/important-cases","documents":"/api/acts/criminal-law-amendment-act-1945/documents"}}