{"id":"criminal-law-high-risk-offenders-act-2015","name":"Criminal Law (High Risk Offenders) Act 2015","slug":"criminal-law-high-risk-offenders-act-2015","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31863,"registerId":"sa-criminal-law-high-risk-offenders-act-2015-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Law (High Risk Offenders) Act 2015","content":"South Australia\nCriminal Law (High Risk Offenders) Act 2015\nAn Act to provide for the making of extended supervision orders and continuing detention orders in relation to certain serious offenders; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObject of Act\n4\tInterpretation\n5\tMeaning of high risk offender\n5A\tMeaning of terror suspect\n6\tApplication of Act\nPart 2—Extended supervision orders\n7\tProceedings\n8\tParties\n9\tInterim supervision orders\n10\tSupervision orders—terms and conditions\n11\tConditions of extended supervision orders imposed by Parole Board\n12\tDuration of extended supervision order\n13\tVariation and revocation of supervision order by Supreme Court\n13A\tVariation or revocation of condition of extended supervision order by Parole Board on application\n14\tConsequential and ancillary orders\nPart 3—Continuing detention orders\n15\tArrest and detention of person subject to supervision order on warrant\n16\tArrest and detention of person subject to supervision order without warrant\n17\tProceedings before Parole Board under this Part\n18\tContinuing detention orders\n19\tVariation and revocation of continuing detention order\nPart 3A—Inter‑agency cooperation\n19AA\tInterpretation\n19AAB\tExchange of information\nPart 4—Miscellaneous\n19A\tSpecial procedures for terror suspects\n20\tCourt may obtain reports\n21\tInquiries by health professionals\n22\tAppeals\n23\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Criminal Law (High Risk Offenders) Act 2015.\n3—Object of Act\nThe object of this Act is to provide the means to protect the community from being exposed to an appreciable risk of harm posed by various serious offenders.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nCE means the chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Correctional Services Act 1982;\nCommonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;\ncommunity corrections officer means an officer or employee of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Correctional Services Act 1982 whose duties include the supervision of offenders in the community;\ncontinuing detention order—see section 18(2);\ndetainee means a person who is—\n\t(a)\tdetained as a result of being declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935; or\n\t(b)\tdetained in immigration detention (within the meaning of the Migration Act 1958 of the Commonwealth);\nextended supervision order means an order under section 7 of this Act made by the Supreme Court for the supervision of a high risk offender;\ngovernment custody means custody as a prisoner or detainee;\nhigh risk offender—see section 5;\nhome detention has the same meaning as in the Correctional Services Act 1982;\ninterim supervision order—see section 9;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nParole Board means the Parole Board of South Australia;\nprescribed authority means the authority prescribed by the regulations for the purposes of sections 7(3) and 21;\nprescribed health professional means—\n\t(a)\ta qualifying psychologist; or\n\t(b)\ta medical practitioner,\nnominated by the prescribed authority;\nprisoner has the same meaning as in the Correctional Services Act 1982;\npsychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);\nqualifying psychologist means a psychologist who—\n\t(a)\thas at least 5 years experience as a psychologist; and\n\t(b)\teither—\n\t(i)\thas an endorsement from the Psychology Board of Australia as a forensic psychologist; or\n\t(ii)\thas, in the opinion of the prescribed authority, sufficient experience in the forensic mental health field to properly carry out functions as a prescribed health professional;\nrelevant expiry date means—\n\t(a)\tin relation to a high risk offender who is serving a sentence of imprisonment—\n\t(i)\tif the offender is not serving a sentence of life imprisonment—the date on which the term, or terms, of imprisonment to which the offender was sentenced expire; and\n\t(ii)\tif the offender is serving a sentence of life imprisonment—the date on which the sentence of imprisonment will be taken to have been wholly satisfied; and\n\t(b)\tin relation to a high risk offender who is subject to an existing extended supervision order—the date on which the extended supervision order expires;\nrespondent—see section 7(1);\nserious offence of violence has the same meaning as in section 83D(1) of the Criminal Law Consolidation Act 1935;\nserious sexual offence means any of the following offences where the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years:\n\t(a)\t—\n\t(i)\tan offence under section 48, 48A, 49, 50, 51, 56, 58, 59, 60, 63, 63B, 66, 67, 68 or 72 of the Criminal Law Consolidation Act 1935;\n\t(ii)\tan offence against a corresponding previous enactment substantially similar to an offence referred to in subparagraph (i);\n\t(iii)\tan attempt to commit or an assault with intent to commit any of the offences referred to in either of the preceding subparagraphs;\n\t(b)\tan offence against the law of another State or a Territory corresponding to an offence referred to in paragraph (a);\n\t(c)\tan offence against a law of the Commonwealth that, ignoring any element of the Commonwealth law relating to the location of the offence, corresponds to an offence referred to in paragraph (a);\nserious sexual offender means a person convicted (whether before or after the commencement of this Act) of a serious sexual offence;\nserious violent offender means a person convicted (whether before or after the commencement of this Act) of a serious offence of violence;\nsupervision order means an extended supervision order or an interim supervision order;\nterrorism intelligence authority means a terrorism intelligence authority designated by regulations under section 74B of the Police Act 1998;\nterrorism notification means a terrorism notification under section 74B of the Police Act 1998;\nterrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code;\nterrorist offence means—\n\t(a)\tan offence against Division 72 Subdivision A of the Commonwealth Criminal Code (International terrorist activities using explosive or lethal devices); or\n\t(b)\ta terrorism offence against Part 5.3 of the Commonwealth Criminal Code (Terrorism) where the maximum penalty is 7 or more years imprisonment; or\n\t(c)\tan offence against Part 5.5 of the Commonwealth Criminal Code (Foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (Publishing recruitment advertisements); or\n\t(d)\tan offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing recruitment advertisements); or\n\t(e)\tan offence of a kind prescribed by the regulations for the purposes of this definition;\nterror suspect—see section 5A.\n\t(2)\tA reference to the Attorney‑General in a provision of this Act relating to any application or proceedings will be read as a reference to—\n\t(a)\tin the case of an application or proceedings involving a terror suspect—the Commonwealth Attorney‑General or the State Attorney‑General; or\n\t(b)\tin any other case—the State Attorney‑General.\n\t(3)\tA reference in this Act to a person convicted of an offence includes a person who was, at the time they were convicted of the offence, under the age of 18 years.\n\t(4)\tA reference in this Act to a person who is serving a sentence of imprisonment includes a person who is serving a sentence of imprisonment on release on home detention or on parole.\n5—Meaning of high risk offender\nFor the purposes of this Act, a high risk offender is—\n\t(a)\ta serious sexual offender who is serving a sentence of imprisonment imposed in respect of a serious sexual offence; or\n\t(b)\ta serious sexual offender who is serving a sentence of imprisonment any part of which is in respect of any of the following offences:\n\t(i)\tan offence under section 58 or 63A of the Criminal Law Consolidation Act 1935;\n\t(ii)\tan offence under section 44, 45, 65 or 66N(2) of the Child Sex Offenders Registration Act 2006;\n\t(iii)\tan offence under section 99I of the Criminal Procedure Act 1921;\n\t(iv)\tan offence prescribed by the regulations for the purposes of this paragraph; or\n\t(c)\ta serious sexual offender who is serving a sentence of imprisonment imposed in respect of any other offence to be served concurrently or consecutively with a sentence of imprisonment in respect of a serious sexual offence; or\n\t(d)\ta serious violent offender who is serving a sentence of imprisonment imposed in respect of a serious offence of violence; or\n\t(e)\ta serious violent offender who is serving a sentence of imprisonment imposed in respect of any other offence to be served concurrently or consecutively with a sentence of imprisonment in respect of a serious offence of violence; or\n\t(f)\ta terror suspect who is serving a sentence of imprisonment; or\n\t(g)\ta person who is serving a sentence of imprisonment in relation to an offence against section 241 of the Criminal Law Consolidation Act 1935 where the offence committed by the principal offender (within the meaning of that section) was a serious offence of violence or serious sexual offence; or\n\t(h)\ta person who is subject to an extended supervision order; or\n\t(i)\ta person who is serving a sentence of imprisonment during the course of which an extended supervision order applying to the person expires.\n5A—Meaning of terror suspect\n\t(1)\tSubject to this section, a person is a terror suspect for the purposes of this Act if the person—\n\t(a)\tis, or has previously been, charged with a terrorist offence; or\n\t(b)\thas ever been convicted of a terrorist offence; or\n\t(c)\tis the subject of a terrorism notification; or\n\t(d)\tis, or has previously been, the subject of a control order under Part 5.3 of the Commonwealth Criminal Code.\n\t(2)\tFor the purposes of subsection (1)(a), a person is only taken to have been charged with an offence if an information or other initiating process charging the person with the offence has been filed in a court.\n\t(3)\tA person is not a terror suspect for the purposes of this Act if the person is a terrorist offender within the meaning of subsection 105A.3(1) of the Commonwealth Criminal Code.\n6—Application of Act\n\t(1)\tSubject to subsection (2), an application for a supervision order under this Act may not be made in respect of a person who is under the age of 18 years.\n\t(2)\tAn application for a supervision order under this Act may be made in respect of a person who—\n\t(a)\tis of or above the age of 16 years; and\n\t(b)\tis a terror suspect,\nand in such a case this Act will apply with any modifications as may be prescribed by the regulations.\nPart 2—Extended supervision orders\n7—Proceedings\n\t(1)\tThe Attorney‑General may make an application to the Supreme Court for an extended supervision order to be made in respect of a person who is a high risk offender (the respondent).\n\t(2)\tAn application for an order under this section may only be made within the 12 months preceding the relevant expiry date for the respondent.\n\t(3)\tThe Supreme Court must, before determining whether to make an extended supervision order, direct that 1 or more prescribed health professionals examine the respondent and report to the Court on the results of the examination, including—\n\t(a)\tif the respondent is a serious sexual offender—an assessment of the likelihood of the respondent committing a further serious sexual offence; or\n\t(b)\tif the respondent is a serious violent offender—an assessment of the likelihood of the respondent committing a further serious offence of violence; or\n\t(c)\tif the respondent is a terror suspect—an assessment of the likelihood of the respondent committing a terrorist offence, or otherwise being involved in a terrorist act, or committing a serious offence of violence; or\n\t(d)\tif the respondent is a person referred to in paragraph (g) of the definition of high risk offender in section 5 (or was such a person when first subjected to an extended supervision order)—an assessment of the likelihood of the respondent committing any prescribed offence.\n\t(4)\tThe Supreme Court may, on application under this section, order that the respondent is to be subject to an extended supervision order if satisfied that—\n\t(a)\tthe respondent is a high risk offender; and\n\t(b)\tthe respondent poses an appreciable risk to the safety of the community if not supervised under the order.\n\t(5)\tThe paramount consideration of the Supreme Court in determining whether to make an extended supervision order must be the safety of the community.\n\t(6)\tThe Supreme Court must also take the following matters into consideration in determining whether to make an extended supervision order in respect of the respondent:\n\t(a)\tthe likelihood of the respondent committing offences of a kind assessed under subsection (3)(a), (b), (c) or (d) (as the case may be) if not supervised under the order;\n\t(b)\tthe reports of any prescribed health professional (as directed under subsection (3)) furnished to the Court;\n\t(c)\tany report prepared by the Parole Board under section 64(5) of the Correctional Services Act 1982;\n\t(d)\tany report required by the Court under section 20 (including the results of any statistical or other assessment furnished to the Court as to the likelihood of persons with histories and characteristics similar to those of the respondent committing a further relevant offence);\n\t(e)\tany relevant evidence or representations that the respondent may desire to put to the Court;\n\t(f)\tany treatment or rehabilitation program in which the respondent has had an opportunity to participate, including his or her willingness to so participate and the extent of such participation;\n\t(g)\tin the case of a respondent released on parole—the extent to which he or she has complied with the conditions of his or her release on parole;\n\t(h)\tin the case of a respondent subject to an existing extended supervision order—the extent to which he or she has complied with the terms of the order;\n\t(i)\tin the case of a respondent who is a registrable offender (within the meaning of the Child Sex Offenders Registration Act 2006)—the extent to which he or she has complied with any obligations under that Act;\n\t(j)\tthe circumstances and seriousness of any offence in respect of which the respondent has been found guilty according to his or her criminal history, and any pattern of offending behaviour disclosed by that history;\n\t(k)\tany remarks made by the sentencing court in passing sentence;\n\t(l)\tany other matter that the Court thinks relevant.\n\t(6a)\tIn determining whether to make an order under this section in respect of the respondent, the Court must not take into consideration any intention of the respondent to leave this State (whether permanently or temporarily).\n\t(7)\tIn this section—\nprescribed offence means—\n\t(a)\tan offence against section 241 of the Criminal Law Consolidation Act 1935 where the offence committed by the principal offender (within the meaning of that section) was a serious offence of violence or serious sexual offence; or\n\t(b)\ta serious offence of violence; or\n\t(c)\ta serious sexual offence.\n8—Parties\n\t(1)\tBoth the Attorney‑General and the person to whom an application under this Act for an extended supervision order relates are parties to the application.\n\t(2)\tIf an application relates to a terror suspect—\n\t(a)\tthe Attorney‑General may be represented in the proceedings by a terrorism intelligence authority; or\n\t(b)\ta terrorism intelligence authority has a right to appear and be heard in the proceedings.\n9—Interim supervision orders\n\t(1)\tThe Supreme Court may make an interim supervision order if an application for an extended supervision order in relation to a high risk offender has been made and the Court is satisfied—\n\t(a)\tthat the relevant expiry date for the respondent is likely to occur before the application is determined or has already occurred; and\n\t(b)\tthat the matters alleged in the material supporting the application would, if proved, justify the making of an extended supervision order.\n\t(2)\tAn interim supervision order takes effect on the making of the order until the application for the extended supervision order is determined.\n\t(3)\tThe obligations of a person subject to an interim supervision order are suspended during any period that the person is in government custody.\n10—Supervision orders—terms and conditions\n\t(1)\tThe following conditions apply in relation to an extended supervision order:\n\t(a)\ta condition that the person subject to the order not commit any offence;\n\t(b)\ta condition that the person subject to the order is prohibited from possessing a firearm or ammunition (both within the meaning of the Firearms Act 2015) or any part of a firearm;\n\t(c)\ta condition prohibiting the person subject to the order from possessing an offensive weapon unless the Supreme Court permits the person to possess such a weapon and the person complies with the terms and conditions of the permission;\n\t(d)\ta condition that the person subject to the order—\n\t(i)\tbe under the supervision of a community corrections officer; and\n\t(ii)\tobey the reasonable directions of the community corrections officer; and\n\t(iii)\tsubmit to such tests (including testing without notice) for gunshot residue as the community corrections officer may reasonably require;\n\t(da)\ta condition that the person subject to the order is prohibited from leaving the State without the permission of the Supreme Court or the Parole Board, which may be subject to the terms and conditions that the Court or the Parole Board (as the case requires) thinks fit;\n\t(e)\tany other condition that the Court thinks fit and specifies in the order (including any condition the Parole Board is able to impose under section 11(1));\n\t(f)\tany condition imposed by the Parole Board under section 11.\n\t(2)\tThe conditions referred to in subsection (1)(a) to (e) (inclusive) apply in relation to an interim supervision order.\n\t(3)\tThe Supreme Court may only vary or revoke the condition imposed by subsection (1)(b) if the Court is satisfied that—\n\t(a)\tthere are cogent reasons to do so; and\n\t(b)\tthe possession of the firearm, ammunition or part of a firearm by the person does not represent an undue risk to the safety of the public.\n\t(4)\tThe Supreme Court must, on making or varying a supervision order—\n\t(a)\ttake all reasonable steps to explain to the person the subject of the order the terms and conditions of the order and, in particular—\n\t(i)\tthe person's obligations under the order; and\n\t(ii)\tthe consequences that may follow from a failure to comply with the order; and\n\t(b)\tforward a copy of the order as made or varied to the Parole Board and to the Commissioner of Police.\n\t(5)\tThe Supreme Court or the Parole Board may only give permission to a person under subsection (1)(da) if the person provides information about their proposed travel out of the State, including any particulars prescribed by the regulations, to the Court, the Parole Board or any other person specified by the Court or the Board.\n11—Conditions of extended supervision orders imposed by Parole Board\n\t(1)\tWithout limiting section 10(1)(f), the Parole Board may (for example) impose a condition on an extended supervision order—\n\t(a)\trequiring the person subject to the order to—\n\t(i)\treside at a specified address; or\n\t(ia)\tremain at the person's residence during a specified period and not leave the residence at any time during that period except for a specified purpose, or in specified circumstances; or\n\t(ii)\tundertake such activities and programs as determined from time to time by the Board; or\n\t(iii)\tbe monitored by use of an electronic device; or\n\t(b)\tproviding that a community corrections officer or police officer may, at any time—\n\t(i)\tvisit the person subject to the order at the person's residential address; and\n\t(ii)\taccess any computer or related equipment that is at the person's residential address or in the possession of the person,\nand, for that purpose, enter the premises at that address; or\n\t(c)\tprohibiting or restricting the person subject to the order from—\n\t(i)\tassociating or communicating with a specified person or persons of a specified class; or\n\t(ii)\tresiding or being present at, or being in the vicinity of, a specified place or premises or a place or premises of a specified class; or\n\t(iii)\tpossessing a specified article or weapon, or articles or weapons of a specified class; or\n\t(iv)\tengaging in specified conduct, or conduct of a specified kind; or\n\t(v)\tundertaking specified employment or employment of a specified kind; or\n\t(vi)\tapplying for a change of name; or\n\t(vii)\tengaging in any other conduct of a kind specified by the Board.\n\t(2)\tThe Parole Board may, of its own motion, vary or revoke a condition of the order imposed by the Board or impose further conditions on the order.\n\t(3)\tThe Parole Board must, on imposing a condition or further condition on, or on varying or revoking a condition of, an extended supervision order—\n\t(a)\tprovide the person the subject of the order with a copy of the order as varied by the Board; and\n\t(b)\ttake all reasonable steps to explain to the person the subject of the order the terms and conditions of the order and, in particular—\n\t(i)\tthe person's obligations under the order; and\n\t(ii)\tthe consequences that may follow from a failure to comply with the order; and\n\t(c)\tforward a copy of the order as varied by the Board under this section to the Supreme Court and the Commissioner of Police.\n\t(4)\tThe Parole Board cannot exercise its powers under subsection (1) or (2) of its own motion in relation to a person subject to an extended supervision order unless the person and the Attorney‑General have been afforded a reasonable opportunity to make submissions to the Board on the matter, and the Board has considered any submissions so made.\n\t(5)\tFor the purposes of proceedings under subsection (1) or (2), a member of the Parole Board may summon the person the subject of the proceedings to appear before the Board.\n\t(6)\tIf a person who has been summoned to appear before the Parole Board fails to attend in compliance with the summons, the Board may—\n\t(a)\tdetermine the proceedings in his or her absence; or\n\t(b)\tdirect a member of the Board to—\n\t(i)\tissue a warrant; or\n\t(ii)\tapply to a magistrate for a warrant,\nfor the apprehension and detention of the person for the purpose of bringing him or her before the Board.\n\t(7)\tA magistrate must, on application under this section, issue a warrant for the apprehension and detention of a person, unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant.\n\t(8)\tThe Parole Board may, if it thinks good reason exists for doing so, cancel a warrant issued under this section at any time before its execution.\n12—Duration of extended supervision order\n\t(1)\tAn extended supervision order—\n\t(a)\ttakes effect—\n\t(i)\ton the making of the order; or\n\t(ii)\ton the relevant expiry date for the person subject to the order,\nwhichever is the later; and\n\t(b)\tremains in force for a period of 5 years or such lesser period as is determined by the Supreme Court and specified in the order.\n\t(2)\tThe obligations of a person subject to an extended supervision order are suspended during any period the person is in government custody.\n\t(3)\tNothing in this section prevents the Court, on application by the Attorney‑General, from making a second or subsequent extended supervision order against a person.\n13—Variation and revocation of supervision order by Supreme Court\n\t(1)\tThe Supreme Court may, on application made by the Attorney‑General or a person subject to a supervision order, vary a condition of the order (including a condition imposed by the Parole Board), impose further conditions on the order or revoke the order.\n\t(2)\tA person subject to a supervision order may only apply under subsection (1) with the permission of the Court.\n\t(3)\tThe Court may only grant permission under subsection (2) if satisfied that—\n\t(a)\tthere has been a material change in circumstances relating to the person or supervision order; and\n\t(b)\tit is in the interests of justice to grant permission.\n\t(4)\tIf the Supreme Court is of the opinion that an application under subsection (1) for the variation of a condition of an order should be determined by the Parole Board, the Court may refer the application to the Board for determination.\n\t(5)\tThe Supreme Court may make rules in respect of the transfer of specified classes of applications to the Parole Board.\n\t(6)\tIf an application is transferred or referred to the Parole Board under this section, the application will proceed as if it had been made to the Parole Board and a reference to the Supreme Court in this section will be taken to be a reference to the Board (as the case requires).\n13A—Variation or revocation of condition of extended supervision order by Parole Board on application\n\t(1)\tThe Parole Board may, on application made by the Attorney‑General or a person subject to an extended supervision order, vary or revoke a condition of the order (including a condition imposed by the Supreme Court) or impose further conditions on the order.\nNote—\nThe Parole Board may, of its own motion under section 11, vary or revoke a condition of the order imposed by the Board or impose further conditions on the order.\n\t(2)\tA person subject to an extended supervision order may only apply under subsection (1) for the variation or revocation of a condition imposed by the Supreme Court with the permission of the Parole Board.\n\t(3)\tThe Parole Board may only grant permission under subsection (2) if satisfied that—\n\t(a)\tthere has been a material change in circumstances relating to the person or extended supervision order; and\n\t(b)\tit is in the interests of justice to grant permission.\n\t(4)\tThe Parole Board must give notice of each application under this section to the Supreme Court.\n\t(5)\tThe Parole Board must not exercise its powers under this section unless the person subject to the order and the Attorney‑General have been afforded a reasonable opportunity to make submissions to the Parole Board on the matter, and the Board has considered any submissions so made.\n\t(6)\tThe Parole Board may only vary or revoke the condition imposed by section 10(1)(b) if satisfied that—\n\t(a)\tthere are cogent reasons to do so; and\n\t(b)\tthe possession of the firearm, ammunition or part of a firearm by the person does not represent an undue risk to the safety of the public.\n\t(7)\tThe Parole Board must, on varying an extended supervision order or imposing a further condition on an order—\n\t(a)\tprovide the person the subject of the order with a copy of the order as varied by the Board; and\n\t(b)\ttake all reasonable steps to explain to the person the subject of the order the terms and conditions of the order and, in particular—\n\t(i)\tthe person's obligations under the order; and\n\t(ii)\tthe consequences that may follow from a failure to comply with the order; and\n\t(c)\tforward a copy of the order as varied to the Supreme Court and to the Commissioner of Police.\n\t(8)\tIf the Parole Board is of the opinion that an application under subsection (1) for the variation of a condition of an order (including the question of permission under subsection (2)) should be determined by the Supreme Court, the Parole Board may refer the application to the Court.\n\t(9)\tIf the Supreme Court is of the opinion that an application made under subsection (1) should be determined by the Court, the Court may order that the application be heard and determined by the Court.\n\t(10)\tThe Supreme Court may make rules in respect of the transfer of specified classes of applications to the Court.\n\t(11)\tIf an application is transferred or referred to the Supreme Court under this section, the application will proceed as if it had been made to the Court and a reference to the Parole Board in this section will be taken to be a reference to the Court (as the case requires).\n\t(12)\tFor the purposes of proceedings under this section, a member of the Parole Board may summon the person the subject of the proceedings to appear before the Board.\n\t(13)\tIf a person who has been summoned to appear before the Parole Board fails to attend in compliance with the summons, the Board may—\n\t(a)\tdetermine the proceedings in the person's absence; or\n\t(b)\tdirect a member of the Board to—\n\t(i)\tissue a warrant; or\n\t(ii)\tapply to a magistrate for a warrant,\nfor the apprehension and detention of the person for the purpose of bringing them before the Board.\n\t(14)\tA magistrate must, on application under this section, issue a warrant for the apprehension and detention of a person, unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant.\n\t(15)\tThe Parole Board may, if it thinks good reason exists for doing so, cancel a warrant issued under this section at any time before its execution.\n14—Consequential and ancillary orders\n\t(1)\tThe Supreme Court may, on making or varying a supervision order, make any consequential or ancillary order it thinks fit, including, in a case where the supervision order prohibits the possession of an article or weapon or an article or weapon of a specified class, an order—\n\t(a)\tproviding for the surrender or confiscation of the article or weapon or such an article or weapon; and\n\t(b)\tif the circumstances of the case so require, authorising a police officer—\n\t(i)\tto enter and search and, if necessary, use reasonable force to break into or open—\n\t(A)\tpremises or a vehicle in which the article or weapon, or such an article or weapon is suspected to be; or\n\t(B)\tpart of, or anything in or on, premises or a vehicle in which the article or weapon, or such an article or weapon is suspected to be; and\n\t(ii)\tto take possession of the article or weapon, or such an article or weapon.\n\t(2)\tAn article or weapon surrendered or confiscated under subsection (1) is forfeited to the Crown and may be sold or disposed of as the Attorney‑General thinks fit unless the Court orders that the article or weapon is to be returned to the person subject to the supervision order when the order lapses or is revoked.\n\t(2a)\tThe Parole Board may, on varying an extended supervision order, make any consequential or ancillary order it thinks fit in the circumstances of the particular case.\n\t(3)\tThe Court may not award costs against a person to whom this Act applies in respect of proceedings under this Act.\nPart 3—Continuing detention orders\n15—Arrest and detention of person subject to supervision order on warrant\n\t(1)\tIf the presiding member or deputy presiding member of the Parole Board suspects on reasonable grounds that a person subject to a supervision order may have breached a condition of the order, the presiding member or deputy presiding member may—\n\t(a)\tsummon the person to attend before the Board; or\n\t(b)\tfor the purpose of bringing the person before the Board, issue a warrant for the arrest of the person.\n\t(2)\tIf a member of the Parole Board (other than the presiding member or deputy presiding member) suspects on reasonable grounds that a person subject to a supervision order may have breached a condition of the order—\n\t(a)\tthe member may summon the person to attend before the Board; or\n\t(b)\tfor the purpose of bringing the person before the Board, the member may apply to—\n\t(i)\tthe presiding member or deputy presiding member of the Board for the issue of a warrant for the arrest of the person; or\n\t(ii)\ta magistrate for the issue of a warrant for the arrest of the person.\n\t(3)\tIf a police officer suspects on reasonable grounds that a person subject to a supervision order may have breached a condition of the order, the police officer may apply to—\n\t(a)\tthe presiding member or deputy presiding member of the Parole Board; or\n\t(b)\tif, after making reasonable efforts to contact the presiding member and deputy presiding member, neither is available—a magistrate,\nfor the issue of a warrant for the arrest of the person.\n\t(4)\tIf a person fails to comply with a summons to attend before the Parole Board issued under this section—\n\t(a)\tthe Board may proceed to deal with the matter in the person's absence; or\n\t(b)\tfor the purpose of bringing the person before the Board, the presiding member or deputy presiding member may issue a warrant for the arrest of the person.\n\t(5)\tA warrant issued under this section authorises the detention of the person in custody pending appearance before the Parole Board.\n\t(6)\tA magistrate must, on application under this section, issue a warrant for the arrest of a person unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant.\n\t(7)\tIf a warrant is issued by a magistrate on an application by a police officer under this section—\n\t(a)\tthe police officer must, within 2 working days of the warrant being issued, provide the Parole Board with a written report on the matter; and\n\t(b)\tthe warrant will expire at the end of the period of 2 working days after the day on which the report is provided to the Board; and\n\t(c)\tthe presiding member or deputy presiding member of the Board must consider the report within 2 working days after receipt and—\n\t(i)\tissue a fresh warrant for the continued detention of the person pending appearance before the Board; or\n\t(ii)\tcancel the warrant, order that the person be released from custody and, if appearance before the Board is required, issue a summons for the person to appear before the Board.\n\t(8)\tIf a warrant expires under subsection (7)(b) or a fresh warrant is not issued under subsection (7)(c)(i), the person must be released from custody.\n\t(9)\tThe Parole Board may, if it thinks there is good reason to do so, by order, cancel a warrant issued under this section that has not been executed.\n16—Arrest and detention of person subject to supervision order without warrant\n\t(1)\tA police officer may, on the authorisation of a senior police officer, without warrant, arrest a person subject to a supervision order if the police officer suspects on reasonable grounds that the person has breached a condition of the order.\n\t(2)\tIf a person is arrested under subsection (1)—\n\t(a)\tthe person must be taken to the nearest police station; and\n\t(b)\twithin 12 hours of the arrest—the presiding member or deputy presiding member of the Parole Board (or, if neither of those members is available, a magistrate) must be notified of the arrest; and\n\t(c)\tas soon as is reasonably practicable after being so notified—the presiding member or deputy presiding member (or the magistrate) (as the case requires) must, by order, direct that the person—\n\t(i)\tbe detained in custody pending attendance before the Board; or\n\t(ii)\tbe released and summoned to attend before the Board; or\n\t(iii)\tbe released from custody.\n\t(3)\tIn this section—\nsenior police officer means a police officer of or above the rank of Inspector.\n17—Proceedings before Parole Board under this Part\n\t(1)\tThe following provisions apply in relation to proceedings relating to an alleged breach of a supervision order before the Parole Board under this Part:\n\t(a)\tthe person subject to the order and the Attorney‑General must be afforded a reasonable opportunity to make submissions to the Board on the matter;\n\t(b)\tif the Board is satisfied that the person has breached a condition of the order, the Board may vary or revoke a condition of the order imposed by the Board under this Act or impose further conditions on the order and, if the person is in custody—\n\t(i)\tdirect that the person be released from custody; or\n\t(ia)\tdirect that the person be detained in custody pending circumstances necessary for the purposes of ensuring the person's compliance with a condition of the order being in place; or\n\t(ii)\tdirect that the person be detained in custody pending attendance before the Supreme Court for determination as to whether a continuing detention order should be made in respect of the person.\n\t(2)\tThe Parole Board must, on imposing a condition or further condition on, or on varying or revoking a condition of, the order—\n\t(a)\tprovide the person the subject of the order with a copy of the order as varied by the Board; and\n\t(b)\ttake all reasonable steps to explain to the person the subject of the order the terms and conditions of the order and, in particular—\n\t(i)\tthe person's obligations under the order; and\n\t(ii)\tthe consequences that may follow from a failure to comply with the order; and\n\t(c)\tforward a copy of the order as varied by the Board under this section to the Supreme Court and the Commissioner of Police.\n\t(3)\tSubject to any order made by the Supreme Court, an order directing that a person be detained in custody under this section authorises the detention of the person in custody pending determination of the Supreme Court proceedings relating to the continuing detention order.\n18—Continuing detention orders\n\t(1)\tIf the Parole Board directs that a person subject to a supervision order be detained in custody pending attendance before the Supreme Court for determination as to whether a continuing detention order should be made in respect of the person, the matter is referred to the Court by force of this subsection.\n\t(2)\tThe Supreme Court may, if satisfied that the person—\n\t(a)\thas breached a condition of the supervision order; and\n\t(b)\tposes an appreciable risk to the safety of the community if not detained in custody,\norder that the person be detained in custody (a continuing detention order)—\n\t(c)\tuntil the expiration of the breached supervision order; or\n\t(d)\tif a further supervision order is made in respect of the person—until the expiration of that further supervision order; or\n\t(e)\tfor such lesser period as may be specified by the Court.\n\t(3)\tThe paramount consideration of the Supreme Court in determining whether to make a continuing detention order must be the safety of the community.\n\t(4)\tThe Supreme Court may, if the Court thinks fit, order that a person the subject of proceedings under this section be detained in custody pending the determination of the proceedings.\n\t(4a)\tIf the Supreme Court declines to make a continuing detention order in respect of a person the subject of proceedings under this section the Court may—\n\t(a)\tvary or revoke a condition of the supervision order applying in respect of the person or impose further conditions on the supervision order; and\n\t(b)\torder that the person be detained in custody beyond the determination of the proceedings—\n\t(i)\tpending circumstances reasonably necessary for the purposes of ensuring the person's compliance with a condition of the supervision order being in place; or\n\t(ii)\tin exceptional circumstances, for a period necessary in the circumstances of the case.\n\t(4b)\tIf the Supreme Court makes a continuing detention order in respect of a person the subject of proceedings under this section and the continuing detention order will expire before the supervision order applying to the person expires, the Court may vary or revoke a condition of the supervision order or impose further conditions on the supervision order.\n\t(5)\tThe Attorney‑General and the person the subject of proceedings under this section are parties to the proceedings, and the Parole Board has a right to appear and be heard in the proceedings.\n\t(5a)\tIf proceedings under this section relate to a terror suspect—\n\t(a)\tthe Attorney‑General may be represented in the proceedings by a terrorism intelligence authority; or\n\t(b)\ta terrorism intelligence authority has a right to appear and be heard in the proceedings.\n\t(6)\tAs soon as is reasonably practicable after making a continuing detention order or an order under subsection (4) in respect of a person subject to a supervision order, the Supreme Court must issue a warrant committing the person to a correctional institution for the period specified in the order.\n\t(7)\tTo avoid doubt—\n\t(a)\tif a person is detained in custody under this section until the expiration of his or her supervision order, the supervision order expires on the person's release from custody (but nothing in this paragraph prevents the Supreme Court, on application by the Attorney‑General, from making a second or subsequent supervision order against the person); and\n\t(b)\tif a person is detained in custody under this section for a lesser period, the person continues to be subject to the supervision order on release from custody for the balance of the duration of the order (and the date of expiry of the supervision order under section 12 is not affected by the fact that the obligations of the person under the order were suspended during the period that the person was in custody).\n19—Variation and revocation of continuing detention order\n\t(1)\tThe Supreme Court may, on application made by the Attorney‑General, the Parole Board or a person subject to a continuing detention order, vary or revoke the order.\n\t(2)\tA person subject to a continuing detention order may only apply under subsection (1) with the permission of the Court.\n\t(3)\tThe Court may only grant permission under subsection (2) if satisfied that—\n\t(a)\tthere has been a material change in circumstances relating to the person; and\n\t(b)\tit is in the interests of justice to grant permission.\nPart 3A—Inter‑agency cooperation\n19AA—Interpretation\nIn this Part—\ncorresponding law means a law of the Commonwealth or of another State or a Territory of the Commonwealth, that substantially corresponds to this Act;\ninterstate relevant agency means an agency of the Commonwealth or of another State or a Territory of the Commonwealth, prescribed by the regulations as an interstate relevant agency;\nrelevant agency means a public sector agency prescribed by the regulations as a relevant agency.\n19AAB—Exchange of information\n\t(1)\tA relevant agency may enter into an arrangement (a cooperative protocol) with 1 or more interstate relevant agencies in respect of the sharing or exchange of information between the relevant agency and the interstate relevant agencies.\n\t(2)\tThe information to which a cooperative protocol may relate is limited to the following:\n\t(a)\tinformation concerning high risk offenders;\n\t(b)\tinformation concerning a person, or person of a class, subject to an order under a corresponding law;\n\t(c)\tany other information prescribed by the regulations.\n\t(3)\tFor the purposes of a cooperative protocol, a relevant agency is authorised—\n\t(a)\tto request and receive information held by an interstate relevant agency that is party to the cooperative protocol; and\n\t(b)\tto disclose information to an interstate relevant agency that is party to the cooperative protocol,\nto the extent that the information is reasonably necessary to assist in the exercise of functions under this Act or the functions of the interstate relevant agencies concerned.\n\t(4)\tThis section does not limit the operation of any other Act under which a relevant agency is authorised or required to disclose information to another person or body.\nPart 4—Miscellaneous\n19A—Special procedures for terror suspects\n\t(1)\tDespite any other provision of this Act, a decision of the Parole Board relating to a terror suspect (other than a decision to issue a direction under section 11(6)(b)) is of no effect unless it is confirmed by the presiding member of the Parole Board in accordance with this section.\n\t(2)\tThe presiding member of the Parole Board must, before confirming a decision relating to a terror suspect, invite a terrorism intelligence authority to make submissions to the presiding member in relation to the proposed decision.\n\t(3)\tThe presiding member of the Parole Board must not confirm a decision of the Parole Board relating to a terror suspect unless the presiding member is satisfied that the decision is appropriate in all the circumstances.\n\t(4)\tThe presiding member of the Parole Board may determine to—\n\t(a)\tconfirm a decision of the Parole Board (in which case the decision of the Board is taken to have effect immediately); or\n\t(b)\treject a decision of the Parole Board and substitute the presiding member's own decision (in which case the Board is taken to have made the decision as so substituted and that decision is taken to have effect immediately); or\n\t(c)\trefer the matter back to the Parole Board for a further decision with any recommendations the presiding member thinks fit (in which case any further decision of the Board will be subject to the requirement for confirmation under this section in the same way as the decision at first instance).\n\t(5)\tThe presiding member of the Parole Board is not required to provide any grounds or reasons for a determination under this section to the person the subject of the determination.\n\t(6)\tInformation forming the basis for the making of a determination under this section must not be disclosed to any person (except to the Attorney‑General, a court or a person to whom a terrorism intelligence authority authorises its disclosure) if, at the time at which the question of disclosure is to be decided, the information is properly classified by the terrorism intelligence authority as terrorism intelligence under section 74B of the Police Act 1998 (whether or not the information was so classified at the time at which the determination under this section was made).\n\t(7)\tIf the presiding member of the Parole Board is for any reason absent or unable to act for the purpose of this section—\n\t(a)\tif the first deputy presiding member of the Parole Board is available, the first deputy presiding member must act as the presiding member for that purpose; or\n\t(b)\tif the first deputy presiding member is for any reason absent or unable to act for that purpose, the second deputy presiding member of the Parole Board must act as the presiding member for that purpose.\n20—Court may obtain reports\n\t(1)\tThe Supreme Court may, for the purpose of proceedings under this Act, require the Parole Board, the CE or any other body or person to furnish the Court with a report on any matter.\n\t(2)\tA copy of any report furnished to the Court under subsection (1) must be given to each party to the proceedings or to counsel for those parties.\n21—Inquiries by health professionals\nWhere, for the purposes of an application for an extended supervision order, the Supreme Court directs 1 or more prescribed health professionals to examine the respondent to the application and report to the Court on the results of the examination, each prescribed health professional so nominated—\n\t(a)\tmust carry out an independent personal examination of the respondent; and\n\t(b)\tmay have access to any evidence before the court by which the respondent was convicted; and\n\t(c)\tmay obtain the assistance of a medical practitioner, psychologist, social worker, community corrections officer or any other person.\n22—Appeals\n\t(1)\tAn appeal lies to the Court of Appeal against a decision of the Supreme Court to make an extended supervision order or a continuing detention order or to refuse to make such an order.\n\t(2)\tAn appeal under this section may be instituted by the Attorney‑General or by the person to whom the decision relates.\n\t(3)\tSubject to a contrary order of the Court of Appeal, an appeal cannot be commenced after 10 days from the date of the decision against which the appeal lies.\n\t(4)\tOn an appeal, the Court of Appeal may—\n\t(a)\tconfirm, reverse or annul the decision subject to appeal;\n\t(b)\tmake any order that it considers should have been made in the first instance;\n\t(c)\tmake any consequential or ancillary orders.\n\t(5)\tThe institution of an appeal under this section does not affect the operation of the decision to which the appeal relates.\n23—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors; and\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or a prescribed person.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Criminal Law (High Risk Offenders) Act 2015 amended the following:\nBail Act 1985\nCorrectional Services Act 1982\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2015\n13\n Criminal Law (High Risk Offenders) Act 2015 \n9.7.2015\n25.1.2016 (Gazette 11.11.2015 p4886)\n2015\n46\n Firearms Act 2015\n17.12.2015\nSch 1 (cl 9)—1.7.2017 (Gazette 27.6.2017 p2619)\n2017\n53\n Statutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 9 (s 17)—30.4.2018 (Gazette 6.2.2018 p612)\n2017\n69\n Statutes Amendment (Terror Suspect Detention) Act 2017\n12.12.2017\nPt 4 (ss 18 to 26)—26.2.2018 (Gazette 13.2.2018 p733)\n2019\n3\n Criminal Law (High Risk Offenders) (Psychologists) Amendment Act 2019\n11.4.2019\n11.4.2019\n2019\n45\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 11)—1.1.2021 (Gazette 10.12.2020 p5638)\n2023\n4\nStatutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023\n23.2.2023\nPt 6 (ss 9 to 11)—22.6.2023 (Gazette 15.6.2023 p1774)\n2024\n3\nCriminal Law (High Risk Offenders) (Additional High Risk Offenders) Amendment Act 2024\n29.2.2024\n29.2.2024\n2024\n53\nCriminal Law (High Risk Offenders) (Miscellaneous) Amendment Act 2024\n21.11.2024\n24.6.2025 (Gazette 5.6.2025 p1385)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by Legislation Revision and Publication Act 2002\n1.7.2017\nPt 1\n\n\ns 2\nomitted by Legislation Revision and Publication Act 2002\n1.7.2017\ns 3\namended by 3/2024 s 2\n29.2.2024\ns 4\n\n\ns 4(1)\ns 4 redesignated as s 4(1) by 69/2017 s 18(3)\n26.2.2018\nCommonwealth Criminal Code\ninserted by 69/2017 s 18(1)\n26.2.2018\ndetainee\namended by 53/2024 s 3(1)\n24.6.2025\nextended supervision order\namended by 53/2024 s 3(2)\n24.6.2025\nhome detention\ninserted by 53/2024 s 3(3)\n24.6.2025\nmedical practitioner\ninserted by 3/2019 s 3(1)\n11.4.2019\nprescribed authority\ninserted by 3/2019 s 3(2)\n11.4.2019\nprescribed health professional\ninserted by 3/2019 s 3(2)\n11.4.2019\npsychologist\ninserted by 3/2019 s 3(3)\n11.4.2019\nqualifying psychologist\ninserted by 3/2019 s 3(3)\n11.4.2019\nrelevant expiry date\namended by 53/2024 s 3(4)\n24.6.2025\nserious sexual offence\nsubstituted by 53/2017 s 17\n30.4.2018\n\namended by 53/2024 s 3(5)\n24.6.2025\nterrorism intelligence authority\ninserted by 69/2017 s 18(2)\n26.2.2018\nterrorism notification\ninserted by 69/2017 s 18(2)\n26.2.2018\nterrorist act\ninserted by 69/2017 s 18(2)\n26.2.2018\nterrorist offence\ninserted by 69/2017 s 18(2)\n26.2.2018\nterror suspect\ninserted by 69/2017 s 18(2)\n26.2.2018\nyouth\ndeleted by 53/2024 s 3(6)\n24.6.2025\ns 4(2)\ninserted by 69/2017 s 18(3)\n26.2.2018\ns 4(3) and (4)\ninserted by 53/2024 s 3(7)\n24.6.2025\ns 5\namended by 69/2017 s 19\n26.2.2018\n\namended by 3/2024 s 3\n29.2.2024\n\nsubstituted by 53/2024 s 4\n24.6.2025\ns 5A\ninserted by 69/2017 s 20\n26.2.2018\ns 6 before substitution by 53/2024\n\n\ns 6(1)\ns 6 amended and redesignated as s 6(1) by 69/2017 s 21(1), (2)\n26.2.2018\ns 6(2)\ninserted by 69/2017 s 21(2)\n26.2.2018\ns 6\nsubstituted by 53/2024 s 5\n24.6.2025\nPt 2\n\n\ns 7\n\n\ns 7(2)\namended by 53/2024 s 6(1)\n24.6.2025\ns 7(3)\namended by 69/2017 s 22(1)\n26.2.2018\n\namended by 3/2019 s 4(1)\n11.4.2019\n\namended by 3/2024 s 4(1)\n29.2.2024\n\namended by 53/2024 s 6(2)\n24.6.2025\ns 7(6)\namended by 69/2017 s 22(2)\n26.2.2018\n\namended by 3/2019 s 4(2)\n11.4.2019\n\namended by 3/2024 s 4(2)\n29.2.2024\ns 7(6a)\ninserted by 53/2024 s 6(3)\n24.6.2025\ns 7(7)\ninserted by 3/2024 s 4(3)\n29.2.2024\ns 8\n\n\ns 8(1)\ns 8 redesignated as s 8(1) by 69/2017 s 23\n26.2.2018\ns 8(2)\ninserted by 69/2017 s 23\n26.2.2018\ns 9\n\n\ns 9(1)\namended by 53/2024 s 7(1)\n24.6.2025\ns 9(3)\ninserted by 53/2024 s 7(2)\n24.6.2025\ns 10\n\n\ns 10(1)\namended by 46/2015 Sch 1 cl 9\n1.7.2017\n\namended by 4/2023 s 9\n22.6.2023\n\namended by 53/2024 s 8(1)\n24.6.2025\ns 10(5)\ninserted by 53/2024 s 8(2)\n24.6.2025\ns 11\n\n\ns 11(1)\namended by 4/2023 s 10\n22.6.2023\ns 11(2)\namended by 53/2024 s 9\n24.6.2025\ns 13\n\n\nheading\namended by 53/2024 s 10(1)\n24.6.2025\ns 13(1)\namended by 53/2024 s 10(2)\n24.6.2025\ns 13(4)—(6)\ninserted by 53/2024 s 10(3)\n24.6.2025\ns 13A\ninserted by 53/2024 s 11\n24.6.2025\ns 14\n\n\ns 14(2a)\ninserted by 53/2024 s 12\n24.6.2025\nPt 3\n\n\ns 17\n\n\ns 17(1)\namended by 4/2023 s 11\n22.6.2023\ns 18\n\n\ns 18(2)\namended by 53/2024 s 13(1)\n24.6.2025\ns 18(4a) and (4b)\ninserted by 53/2024 s 13(2)\n24.6.2025\ns 18(5a)\ninserted by 69/2017 s 24\n26.2.2018\nPt 3A\ninserted by 53/2024 s 14\n24.6.2025\nPt 4\n\n\ns 19A\ninserted by 69/2017 s 25\n26.2.2018\ns 21\namended by 3/2019 s 5(1), (2)\n11.4.2019\ns 22\n\n\ns 22(1)\namended by 45/2019 Sch 1 cl 11\n1.1.2021\n\namended by 53/2024 s 15\n24.6.2025\ns 22(3)\namended by 45/2019 Sch 1 cl 11\n1.1.2021\ns 22(4)\namended by 45/2019 Sch 1 cl 11\n1.1.2021\nSch 1\nomitted by Legislation Revision and Publication Act 2002\n1.7.2017\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Terror Suspect Detention) Act 2017, Pt 4\n26—Transitional provision\nThe amendments to the Criminal Law (High Risk Offenders) Act 2015 effected by this Act apply in relation to a person serving a sentence of imprisonment on or after the commencement of this Part (regardless of when the relevant offence was committed).\nCriminal Law (High Risk Offenders) (Additional High Risk Offenders) Amendment Act 2024, Sch 1—Transitional provision\n1—Application to offenders\nThe amendments to the Criminal Law (High Risk Offenders) Act 2015 enacted by this Act apply to an offender regardless of when they committed, or were sentenced for, the offence against section 241 of the Criminal Law Consolidation Act 1935.\nCriminal Law (High Risk Offenders) (Miscellaneous) Amendment Act 2024, Sch 1\n1—Transitional provisions\n\t(1)\tSubject to subclause (2), an amendment to the Criminal Law (High Risk Offenders) Act 2015 made by this Act applies in respect of an extended supervision order made under the Criminal Law (High Risk Offenders) Act 2015 whether the order was made before or after the commencement of the amendment.\n\t(2)\tAn application or proceedings before the Supreme Court under the Criminal Law (High Risk Offenders) Act 2015 in progress and not finally determined by the Court at the commencement of this Act will remain to be determined by the Supreme Court in accordance with the Criminal Law (High Risk Offenders) Act 2015 as in force at the date on which the application was made or the proceedings commenced (as the case requires).\n\t(3)\tSection 5 of the Criminal Law (High Risk Offenders) Act 2015 as inserted by this Act applies in relation to an offender who is serving a sentence of imprisonment imposed in respect of an offence regardless of when they committed, or were sentenced for, the offence.\nHistorical versions\n1.7.2017\n\n26.2.2018\n\n30.4.2018\n\n11.4.2019\n\n1.1.2021\n\n22.6.2023\n\n29.2.2024\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Based on general knowledge, the Act's scope has likely expanded since 2015 through amendments that broadened the categories of offences captured and refined procedural requirements. However, because the actual legislative text was not retrievable from the provided source, a definitive scope assessment cannot be made from the document supplied."},"complexity_factors":["Involves post-sentence detention and supervision orders, which require complex legal and psychiatric assessment frameworks","Engages competing constitutional principles around liberty, double punishment, and preventive detention","Requires coordination between courts, corrective services, and mental health practitioners","Threshold criteria for 'high risk' classification involve multi-factor risk assessment tools that are not straightforward","Appeals and review mechanisms add procedural layers","Interaction with other criminal justice legislation (sentencing Acts, Corrections Act) creates cross-referencing complexity","Significant judicial discretion involved, making outcomes difficult to predict","Source document was inaccessible, meaning full complexity cannot be verified from the text provided"],"plain_english_summary":"**Note: The actual text of this legislation could not be retrieved** — the link provided returned a 'Page Not Found' error from the South Australian legislation website. The page content contains no legislative provisions, sections, or operative text from the *Criminal Law (High Risk Offenders) Act 2015* (SA).\n\n**What is generally known about this Act from public legal sources:**\n\nThe *Criminal Law (High Risk Offenders) Act 2015* (SA) is a South Australian law that allows courts to continue supervising or detaining certain serious offenders **even after they have finished their prison sentence**. It targets people who have committed serious sexual or violent offences and who are assessed as posing an ongoing, unacceptable risk to public safety.\n\n**Key things it does:**\n- Allows the Supreme Court to order **extended supervision** (strict conditions on a person's freedom, like curfews, monitoring, and reporting requirements) or **continuing detention** (keeping someone locked up) beyond their sentence end date.\n- Applies to offenders classified as 'high risk' — typically those convicted of serious sexual or violent crimes.\n- Requires psychiatric and risk assessments to be presented to the court before any order is made.\n- Places the burden on authorities to apply to the court before a sentence ends.\n\n**Who does it affect?**\n- Serious sexual and violent offenders nearing the end of their sentence in South Australia.\n- Victims and the broader community (it is designed to protect them).\n- Corrective Services and legal professionals involved in managing high-risk offenders.\n\n**Why it matters:** This law is controversial because it extends state control over individuals *after* they have legally served their punishment — raising significant civil liberties concerns about double punishment (being punished twice for the same crime). However, it reflects a broader Australian trend of preventive detention laws aimed at protecting the public from reoffending.\n\n⚠️ *This summary is based on general knowledge of the Act, not the retrieved text. The source document was inaccessible.*"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The statutory scope has expanded since the original enactment. The Act’s text now expressly includes terrorism‑related categories and procedures (the \"terror suspect\" definition and special Parole Board steps were inserted by the 2017 amendments; see s5A and s19A and legislative history entry 69/2017, commenced 26.2.2018). Inter‑agency information sharing and a new Part 3A were added by 2024 amendments (see s19AAB and the entry for 53/2024, commenced 24.6.2025). Other amendments have adjusted definitions, Parole Board powers, and eligibility (see the legislative history entries and amendments to s4, s5, s7, s10–11, s18). Those insertions and substitutions broaden the classes of persons captured (terror suspects and additional offence categories) and add specialised procedures (intelligence engagement, confidentiality limits, and cooperative protocols), thereby changing the operational scope and procedural architecture of the Act compared with its earlier form."},"complexity_factors":["Multiple decision‑makers with overlapping powers: Supreme Court (make ESOs/CDOs), Parole Board (impose/variate conditions, detain pending court), Attorney‑General (initiates applications) (see s7, s11, s13A, s18).","Detailed definitions linked to other statutes and amendments (high risk offender, terror suspect, serious sexual/violent offences) requiring cross‑reference to other Acts and regulations (s4, s5, s5A).","Special confidentiality and procedural rules for terrorism matters that limit disclosure and add an intelligence input step (s19A(1)–(6)).","Compulsory expert assessments by prescribed health professionals with statutory minimums and access to conviction materials (s7(3), s21); operational dependency on nominated specialists (s4: prescribed health professional).","Multiple enforcement routes (summons, warrant, arrest with or without warrant, Parole Board detention, Supreme Court CDO) with short statutory timeframes and procedural steps (s15–18).","Regulatory and delegated discretion: regulations may prescribe modifications, prescribed authorities, and matters determined by Minister or prescribed person (s23(2)(b); s4 definitions rely on regulations).","Inter‑jurisdictional information sharing provisions (cooperative protocols) that require alignment with corresponding laws and interstate agencies (s19AAB).","Significant recent amendment history introducing new categories and procedural changes (terror‑related insertions, Part 3A, psychologist nomination rules), increasing interpretative complexity (legislative history)."],"plain_english_summary":"What this law does (mechanics)\n\n- Creates two post‑sentence supervision tools for certain offenders in South Australia: extended supervision orders (ESOs) and continuing detention orders (CDOs). ESOs impose conditions on a person after or when their sentence ends; CDOs allow the Supreme Court to order detention if a person subject to a supervision order breaches its conditions and poses an appreciable risk (see s7, s12, s18).\n\n- Who can apply and when: only the Attorney‑General may apply to the Supreme Court for an ESO in respect of a person defined as a \"high risk offender\" (s7(1)). An application generally must be made within the 12 months before the person’s relevant expiry date (s7(2)).\n\n- Who qualifies as a high risk offender: the Act lists categories — serious sexual offenders, serious violent offenders, some offenders linked to specified offences (including some s241 cases), people already subject to an ESO, and terror suspects (see s5 and s5A).\n\n- Court process and evidence: before deciding on an ESO the Supreme Court must direct one or more prescribed health professionals to examine the respondent and report on the risk of reoffending appropriate to the offender type (s7(3)). The Court may order an ESO only if satisfied the respondent is a high risk offender and poses an appreciable risk to community safety; the Court’s paramount consideration is community safety (s7(4)–(5)). The Court must consider a non‑exhaustive list of materials (s7(6)).\n\n- ESO content and duration: ESOs carry mandatory conditions (for example, not committing offences, firearm prohibition, supervised by a community corrections officer, possible travel restrictions) and may include any other conditions the Court thinks fit (s10(1)–(5)). Default duration is up to 5 years unless the Court specifies a lesser period (s12(1)). Obligations are suspended while the person is in government custody (s9(3), s12(2)).\n\n- Parole Board role: the Parole Board may impose, vary or revoke conditions on ESOs (s11, s13A). The Board may set detailed restrictions (residence, electronic monitoring, computer access, associations, employment, etc.) and may, with procedural safeguards, act of its own motion (s11(1)–(2)). The Board must notify the person, explain terms and forward orders to the Court and Commissioner of Police (s11(3)).\n\n- Interim orders and enforcement: the Supreme Court can make interim supervision orders pending determination when the expiry date will occur before the application is resolved (s9). The Parole Board and police have powers to summon, arrest and detain a person suspected on reasonable grounds of breaching an ESO (s15–16). If the Board is satisfied of a breach it may vary conditions, detain the person pending release or refer the matter to the Supreme Court for a possible CDO (s17).\n\n- Continuing detention orders: the Supreme Court may make a CDO if satisfied the person has breached a supervision order and poses an appreciable risk to community safety (s18(2)–(3)). A CDO can last until the supervision order expires or for a shorter period the Court specifies (s18(2)). The Court may also detain a person pending determination of CDO proceedings (s18(4)).\n\n- Special procedures and secrecy for terrorism‑related matters: the Act defines \"terror suspect\" (s5A). Decisions relating to terror suspects by the Parole Board must be confirmed by the presiding member, who must invite a designated terrorism intelligence authority to make submissions (s19A(1)–(4)). Information properly classified as terrorism intelligence may be withheld from the respondent except to limited parties (s19A(6)).\n\n- Information sharing and health enquiries: the Act authorises cooperative protocols for sharing information about high risk offenders with interstate or Commonwealth agencies (s19AAB). Prescribed health professionals conducting court‑ordered examinations must carry out independent personal examinations and may access conviction evidence and assistance (s21).\n\n- Review and remedies: appeals from Supreme Court decisions on ESOs and CDOs lie to the Court of Appeal (s22). The Court of Appeal can confirm, reverse, or substitute orders (s22(4)).\n\nWhy the Act exists (official stated purpose) and how it plays out mechanically\n\n- The Act states its object is to protect the community from an appreciable risk of harm posed by certain serious offenders (s3). Mechanically, that intent is implemented by: (a) giving the Attorney‑General power to seek court supervision of specified categories of offenders (s7(1)); (b) mandating risk assessments by prescribed health professionals before ESOs are made (s7(3), s21); (c) conferring a broad set of preventive and monitoring conditions (s10, s11); and (d) providing clear enforcement paths including arrest, detention by the Parole Board, and CDOs decided by the Supreme Court (s15–18).\n\nPractical costs, incentives, trade‑offs and risks (source‑grounded)\n\n- Who pays: the initiating party is the Attorney‑General (s7(1)). Operational costs fall on public agencies — courts, prescribed health professionals (s7(3), s21), Parole Board, community corrections, and police — to conduct assessments, supervise, monitor, enforce and detain where necessary (s10–11, s15–18). The Act authorises information sharing protocols that require administrative effort (s19AAB).\n\n- Compliance burden on the individual: a person subject to an ESO faces supervised reporting, substantive restrictions (travel, residence, associations, employment, computer access) and monitoring (including electronic monitoring and testing for gunshot residue) (s10(1), s11(1)). Failure to comply can trigger summons, arrest, Parole Board action and referral to the Supreme Court for possible continued detention (s15–18).\n\n- Decision‑maker discretion and procedural safeguards: significant decision power sits with the Supreme Court (whether to make ESOs or CDOs; s7(4), s18(2)) and the Parole Board (imposing and varying conditions; s11, s13A). The Act requires prescribed health professional reports (s7(3)) and provides procedural requirements (reasonable opportunity to make submissions to the Board; s17(1)(a), s11(4), s13A(5)). For terror suspects, additional internal review and intelligence input is mandatory and certain intelligence may be withheld from the person (s19A(1)–(6)).\n\n- Trade‑offs and implementation risk: the Act balances post‑sentence restrictions and detention against community safety by (a) setting a legal threshold (\"appreciable risk\") for orders (s7(4), s18(2)) and (b) requiring expert risk assessment (s7(3), s21). Practical risks include reliance on the availability and quality of prescribed health professionals and intelligence inputs, administrative capacity of community corrections and police to monitor and enforce conditions, and limits on disclosure of intelligence material that may constrain the person’s access to full evidence (s19A(6), s21).\n\n- Effects on private choice and market‑facing activity: the Act permits conditions that restrict residence, movement, employment, associations, and use of computers or related equipment (s11(1)(a)(ia), (b), (c)(v), (c)(iv)). Those conditions directly limit the person’s private choices and may affect employability and digital access in specified circumstances.\n\n- Concentrated benefits vs diffuse costs: the object (s3) concentrates a legal intervention on a defined set of individuals (s5). Benefits — reduced risk to the community from those individuals — are concentrated to broader public safety; costs are primarily administrative and liberty costs borne by the persons subject to orders and the public agencies tasked with assessment, supervision and enforcement (s7(3), s10–11, s15–18).\n\nKey statutory references (non‑exhaustive): s3 (object); s5, s5A (who is a high risk offender / terror suspect); s7 (who may apply, risk assessment, threshold); s9 (interim orders); s10–12 (conditions and duration of ESOs); s11, s13A (Parole Board powers); s15–18 (enforcement and continuing detention); s19A (terror suspect procedures); s19AAB (information sharing); s21 (health professional inquiries); s22 (appeals); s23 (regulations)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2015 scope. Originally focused on serious sexual and violent offenders, the Act was amended in 2017 to include terror suspects with special procedures involving terrorism intelligence authorities. The 2024 amendments further expanded the definition of 'high risk offender' to include people convicted of aiding/abetting serious offences (section 241 of the Criminal Law Consolidation Act 1935) and enhanced the Parole Board's powers. The legislative history shows 8 amendment Acts, transforming what began as a targeted post-sentence supervision scheme into a broader preventive detention framework covering terrorism, complicity offences, and complex inter-agency intelligence sharing arrangements."},"complexity_factors":["Multiple overlapping definitions with cross-references to other Acts (Criminal Law Consolidation Act 1935, Commonwealth Criminal Code, Correctional Services Act 1982, Child Sex Offenders Registration Act 2006, etc.)","Bifurcated decision-making between Supreme Court and Parole Board with complex transfer mechanisms between them (sections 13, 13A)","Nested conditional logic for different offender categories (sexual, violent, terror suspect, aiding/abetting offenders under s 241) with different assessment criteria for each","Special procedures for terror suspects requiring confirmation by presiding member and involving classified intelligence (section 19A)","Complex warrant and arrest procedures with multiple pathways (warrant by Board members vs magistrates, warrantless arrest with 12-hour notification requirements)","Detailed prescription of health professional qualifications including experience requirements and forensic endorsements","Inter-agency cooperation provisions allowing information sharing with interstate and Commonwealth agencies","Multiple amendment layers visible in legislative history showing evolution of scope (terrorism provisions added 2017, additional offender categories in 2024)","Suspension of obligations during government custody with complex interactions between CDOs and ESO expiry dates","Regulation-making powers leaving significant detail to subordinate legislation"],"plain_english_summary":"**What this law does:**\n\nThis Act allows South Australian courts to keep dangerous offenders under strict supervision or locked up even after they've finished their prison sentence. It's designed to protect the community from people who pose a serious risk of reoffending.\n\n**Who it affects:**\n\nThree main groups of people:\n- **Serious sexual offenders** – people convicted of serious sex crimes\n- **Serious violent offenders** – people convicted of serious violent crimes  \n- **Terror suspects** – people linked to terrorism (charged with, convicted of, or subject to terrorism-related orders or notifications)\n\n**The two main tools:**\n\n1. **Extended Supervision Orders (ESOs)** – Court orders that last up to 5 years, placing strict conditions on offenders in the community. These can include:\n   - Electronic monitoring\n   - Curfews (being required to stay home during certain hours)\n   - Restrictions on where they can go and who they can see\n   - Regular reporting to community corrections officers\n   - Bans on leaving the state without permission\n   - Bans on possessing firearms or weapons\n\n2. **Continuing Detention Orders (CDOs)** – If someone breaches their supervision conditions, the Supreme Court can order them locked up again until their supervision order expires.\n\n**How it works:**\n\n- The Attorney-General applies to the Supreme Court for an order\n- Health professionals (forensic psychologists or doctors) must assess the offender's risk of reoffending\n- The Court's **paramount consideration** (most important factor) is always community safety\n- The Parole Board manages day-to-day supervision and can add extra conditions\n- Terror suspects have special procedures – the Parole Board's presiding member must confirm decisions, and terrorism intelligence authorities can be involved\n\n**Why it matters:**\n\nThis law represents a significant shift in how the justice system handles high-risk offenders. Normally, when a prisoner finishes their sentence, they're free. This Act allows the state to continue controlling or detaining people based on predicted future risk rather than punishment for past crimes. It involves a careful balance between public protection and individual liberty, with multiple safeguards including judicial oversight, health professional assessments, and appeal rights."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-law-high-risk-offenders-act-2015","history":"/api/acts/criminal-law-high-risk-offenders-act-2015/history","analysis":"/api/acts/criminal-law-high-risk-offenders-act-2015/analysis","conflicts":"/api/acts/criminal-law-high-risk-offenders-act-2015/conflicts","importantCases":"/api/acts/criminal-law-high-risk-offenders-act-2015/important-cases","documents":"/api/acts/criminal-law-high-risk-offenders-act-2015/documents"}}