{"id":"tas:act-2021-002","name":"Dangerous Criminals and High Risk Offenders Act 2021","slug":"dangerous-criminals-and-high-risk-offenders-act-2021","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"2 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31557,"registerId":"tas-act-2021-002-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Dangerous Criminals and High Risk Offenders Act 2021](/view/html/inforce/2026-04-12/act-2021-002) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> The provisions of this Act commence on a day or days to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act, unless the contrary intention appears –[*\\[Section 3 Subsection (1) amended by No. 4 of 2023, s. 27, Applied:25 Sep 2023\\]*](/view/html/inforce/2023-09-25/act-2023-004#GS27@EN)\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 4 of 2023, s. 27, Applied:25 Sep 2023\\]*](/view/html/inforce/2023-09-25/act-2023-004#GS27@EN) ***Chief Psychiatrist*** has the same meaning as in the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) ;\n> > \n> > > ***court*** means the Supreme Court, the Court of Criminal Appeal or a court of petty sessions;\n> > \n> > > ***custodial sentence***, in relation to an offender, means a sentence, imposed by a court, that requires the offender to serve a term of imprisonment, and includes any period of such a sentence during which the offender is eligible for parole or is on parole, but does not include a sentence of imprisonment that is wholly or partly suspended;\n> > \n> > > ***dangerous criminal*** means an offender in respect of whom a declaration is in force;\n> > \n> > > ***dangerous criminal offence***, in relation to an offender, means –\n> > > \n> > > > > (a) the crime, of which the offender has been convicted, that is specified in the application under [section 4(1)](#GS4@Gs1@EN) pursuant to which a declaration was made in relation to the offender; or\n> > > > \n> > > > > (b) where the offender is subject to a declaration to which [section 8(1)](#GS8@Gs1@EN) relates – the offence in relation to which a sentence of imprisonment was imposed on the offender in accordance with section 19(3) of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) , as in force before the day on which [Part 2](#HP2@EN) of this Act commences; or\n> > > > \n> > > > > (c) where the offender is subject to a declaration to which [section 8(2)](#GS8@Gs2@EN) relates – the offence in relation to which a sentence of imprisonment was imposed on the offender, pursuant to section 392(2) of the [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) , as in force immediately before the commencement of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) ;\n> > \n> > > ***DCS*** means the Director of Corrective Services;\n> > \n> > > ***declaration***, in relation to an offender, means –\n> > > \n> > > > > (a) a declaration under [section 7(1)](#GS7@Gs1@EN) that is in force in relation to the offender; and\n> > > > \n> > > > > (b) an instrument in writing that is, under [section 8(1)](#GS8@Gs1@EN) , taken to be a declaration made under [section 7(1)](#GS7@Gs1@EN) and that is in force in relation to the offender; and\n> > > > \n> > > > > (c) an instrument in writing that is, under [section 8(2)](#GS8@Gs2@EN) , taken to be a declaration made under [section 7(1)](#GS7@Gs1@EN) and that is in force in relation to the offender;\n> > \n> > > ***DPP*** means the Director of Public Prosecutions;\n> > \n> > > ***HRO order*** means a high risk offender order, made under [section 35(1)](#GS35@Gs1@EN) , that is in force;\n> > \n> > > ***interim HRO order*** means an interim high risk offender order, made under [section 37(1)](#GS37@Gs1@EN) , that is in force;\n> > \n> > > ***offender*** means a person whom a court has convicted of an offence;\n> > \n> > > ***pre-release order***, in relation to an offender, means an order, made under [section 13(3)](#GS13@Gs3@EN) or [(4)](#GS13@Gs4@EN) in relation to the offender, that is in force;\n> > \n> > > ***probation officer*** means a probation officer within the meaning of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ;\n> > \n> > > ***psychiatrist*** has the same meaning as in the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) ;\n> > \n> > > ***psychologist*** means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession;\n> > \n> > > ***relevant custodial sentence***, in relation to an offender, means –\n> > > \n> > > > > (a) a custodial sentence, for the offender’s dangerous criminal offence, whether or not the sentence is being served concurrently with, or cumulatively on, another custodial sentence for another crime or offence; or\n> > > > \n> > > > > (b) a custodial sentence, for a crime or offence, that is being served cumulatively on a custodial sentence, that has been served, for the offender’s dangerous criminal offence, irrespective of when the first-mentioned sentence was imposed; or\n> > > > \n> > > > > (c) a custodial sentence, for another crime or offence, that is being served cumulatively on a custodial sentence referred to in [paragraph (b)](#GS3@Gs1@Nd2058111@Hpb@EN) that has been served, irrespective of when the first-mentioned sentence was imposed;\n> > \n> > > ***review application*** means an application made under [section 10(1)](#GS10@Gs1@EN) or [(3)](#GS10@Gs3@EN) ;\n> > \n> > > ***risk assessment committee*** means the high risk offenders assessment committee established by [section 26](#GS26@EN) ;\n> > \n> > [*\\[Section 3 Subsection (1) amended by No. 23 of 2025, s. 4, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS4@EN)\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 23 of 2025, s. 4, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS4@EN) ***serious offence*** means –\n> > > \n> > > > > (a) an offence against a provision listed in [Schedule 1](#JS1@EN) ; or\n> > > > \n> > > > > (b) an offence of attempting to commit an offence against a provision listed in [Schedule 1](#JS1@EN) ; or\n> > > > \n> > > > > (c) an offence, against a provision of the law of this State, another State, a Territory or the Commonwealth, that is substantially the same as an offence listed in [Schedule 1](#JS1@EN) .\n> \n> > (2)  A reference in this Act to an offender serving a custodial sentence is a reference to an offender serving in the State a custodial sentence and includes a reference to the offender being on parole while serving such a sentence.\n> \n> > (3)  For the purposes of this Act, a custodial sentence in relation to an offender is not to be taken to expire when the offender is on parole.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Dangerous Criminals","content":"# Part 2 Dangerous Criminals","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Declaration of dangerous criminal","content":"## Division 1 Declaration of dangerous criminal","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Application for declaration that offender is dangerous criminal","content":"### 4 Application for declaration that offender is dangerous criminal\n\n> > (1)  An application may be made by the DPP to the Supreme Court for an offender who is convicted of a crime, involving violence or an element of violence, that is specified in the application, to be declared to be a dangerous criminal.\n> \n> > (2)  An application under [subsection (1)](#GS4@Gs1@EN) in relation to an offender who is convicted of a crime specified in the application may be made at any of the following times:\n> > \n> > > > (a) when the offender is convicted of the crime;\n> > > \n> > > > (b) when the offender is sentenced for the crime;\n> > > \n> > > > (c) when the offender is serving –\n> > > > \n> > > > > > (i) a custodial sentence for the crime (whether or not the sentence is being served concurrently with, or cumulatively on, another custodial sentence for another crime or offence); or\n> > > > > \n> > > > > > (ii) a custodial sentence being served cumulatively on a custodial sentence for the crime to which [subparagraph (i)](#GS4@Gs2@Hpc@Hqi@EN) applies (whether or not the sentence is being served concurrently with, or cumulatively on, another custodial sentence for another crime or offence).","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Reports and examination of offender to whom application under  section 4(1)  relates","content":"### 5 Reports and examination of offender to whom application under  section 4(1)  relates\n\n> > (1)  The Supreme Court, after receiving an application under [section 4(1)](#GS4@Gs1@EN) in relation to an offender –\n> > \n> > > > (a) must order that the DPP provide to the Court, by the date specified in the order, each report, if any, in relation to the offender, provided to the DPP under [section 27(4)](#GS27@Gs4@EN) or [section 29(5)](#GS29@Gs5@EN) ; and\n> > > \n> > > > (b) [*\\[Section 5 Subsection (1) amended by No. 4 of 2023, s. 28, Applied:25 Sep 2023\\]*](/view/html/inforce/2023-09-25/act-2023-004#GS28@EN) may order that the Chief Psychiatrist provide to the Court, by the date specified in the order, a report, prepared by a psychiatrist, psychologist or medical practitioner, as to the risk of the offender being a serious danger to the community.\n> \n> > (2)  The Supreme Court –\n> > \n> > > > (a) may order the DCS or any other person to prepare and provide to the Court a report in relation to the offender addressing the matters that the Court specifies in the order; and\n> > > \n> > > > (b) may have regard to the report for the purpose of determining the application under [section 4(1)](#GS4@Gs1@EN) .\n> \n> > (3)  The Supreme Court is to provide to –\n> > \n> > > > (a) the DPP a copy of a report that is provided to the Court in accordance with an order under [subsection (1)](#GS5@Gs1@EN) or [(2)](#GS5@Gs2@EN) , other than a report provided to the Court by the DPP; and\n> > > \n> > > > (b) the offender a copy of a report in relation to the offender that is provided to the Court in accordance with an order under [subsection (1)](#GS5@Gs1@EN) or [(2)](#GS5@Gs2@EN) .\n> \n> > (4)  The Supreme Court may order an offender to submit to examination by a person who is to prepare in relation to the offender a report that is to be provided to the Court under [subsection (1)(b)](#GS5@Gs1@Hpb@EN) or [(2)](#GS5@Gs2@EN) .\n> \n> > (5)  If –\n> > \n> > > > (a) the DPP or the offender proposes to tender a report at the hearing of an application under [section 4(1)](#GS4@Gs1@EN) ; and\n> > > \n> > > > (b) the DPP or the offender has caused the report to be prepared otherwise than in accordance with an order under [subsection (2)](#GS5@Gs2@EN)  –\n> > \n> > the DPP or the offender, respectively, is to provide to the other party to the application a copy of the report at least 7 days, or within such other period ordered by the Court, before the hearing of the application.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Procedure in relation to application","content":"### 6 Procedure in relation to application\n\n> > (1)  This section applies in relation to an application under [section 4(1)](#GS4@Gs1@EN) .\n> \n> > (2)  The Supreme Court may adjourn the hearing of an application to a date set by the Court.\n> \n> > (3)  The DPP, or counsel on the DPP’s behalf, must appear for the Crown at the hearing of the application.\n> \n> > (4)  The offender to whom an application relates is entitled to be present at the hearing of the application, unless the Supreme Court, in its discretion, orders otherwise.\n> \n> > (5)  The DPP or the offender may adduce evidence in relation to the application.\n> \n> > (6)  If a report provided to the Court under this Part, or tendered in evidence, is disputed by a party to the application –\n> > \n> > > > (a) that party is entitled to cross-examine the author of the report; and\n> > > \n> > > > (b) if the author of the report is cross-examined, the other party to the application is entitled to examine the author of the report by way of reply.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Declaration of dangerous criminal","content":"### 7 Declaration of dangerous criminal\n\n> > (1)  The Supreme Court may declare an offender to be a dangerous criminal if –\n> > \n> > > > (a) an application under [section 4(1)](#GS4@Gs1@EN) is made in relation to the offender; and\n> > > \n> > > > (b) the offender has been convicted of a crime, involving violence or an element of violence, that is specified in the application; and\n> > > \n> > > > (c) the offender –\n> > > > \n> > > > > > (i) has not been sentenced for the crime specified in the application; or\n> > > > > \n> > > > > > (ii) is brought up for sentence for the crime specified in the application; or\n> > > > > \n> > > > > > (iii) is serving, or has been sentenced to serve, a custodial sentence in relation to the crime specified in the application (whether or not the sentence is being, or is to be, served concurrently with, or cumulatively on, another custodial sentence for another crime or offence); or\n> > > > > \n> > > > > > (iv) is serving, or has been sentenced to serve, a custodial sentence being served cumulatively on a custodial sentence for the crime to which [subparagraph (iii)](#GS7@Gs1@Hpc@Hqiii@EN) applies (whether or not the sentence is being served concurrently with, or cumulatively on, another custodial sentence for another crime or offence); and\n> > > \n> > > > (d) one of the following applies in relation to the offender:\n> > > > \n> > > > > > (i) the offender has at least one conviction, for a crime involving violence or an element of violence, in addition to the conviction for the crime specified in the application;\n> > > > > \n> > > > > > (ii) the crime specified in the application comprises multiple unlawful acts involving violence or an element of violence; and\n> > > \n> > > > (e) the offender has apparently attained the age of 17 years; and\n> > > \n> > > > (f) the Court is satisfied that the offender is, at the time when the declaration is made, a serious danger to the community; and\n> > > \n> > > > (g) the Court has sentenced, or intends to sentence, the offender to a term of imprisonment for the crime to which the application relates.\n> \n> > (2)  For the purposes of this section, the Supreme Court must, in determining whether it is satisfied that an offender is a serious danger to the community, consider –\n> > \n> > > > (a) whether the nature and circumstances of each offence, involving violence or an element of violence, for which the offender has been convicted are such as to warrant the indefinite detention of the offender in accordance with this Part; and\n> > > \n> > > > (b) the offender’s antecedents, age and character; and\n> > > \n> > > > (c) the need to protect the community from the offender; and\n> > > \n> > > > (d) each report, in relation to the offender, that is before the Court, including any report by a psychiatrist, psychologist or medical practitioner or under the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ; and\n> > > \n> > > > (e) the risk of the offender being a serious danger to the community if the offender is not imprisoned; and\n> > > \n> > > > (f) any other matters that the Supreme Court considers relevant.\n> \n> > (3)  The DPP has the onus of proving that an offender is a serious danger to the community.\n> \n> > (4)  For the purposes of this section, the Supreme Court may only be satisfied that an offender is a serious danger to the community if it is satisfied to a high degree of probability that the offender is a serious danger to the community.\n> \n> > (5)  A reference in this section to an offender being a serious danger to the community includes a reference to the offender being a serious danger only to some members of the community.\n> \n> > (6)  A reference in [subsection (1)(d)](#GS7@Gs1@Hpd@EN) to a conviction for a crime involving violence or an element of violence includes a reference to –\n> > \n> > > > (a) any conviction for an offence, involving violence or an element of violence, against a law of this State, another State, a Territory or the Commonwealth; or\n> > > \n> > > > (b) any conviction for an offence, involving violence or an element of violence, against a law of this State, another State, a Territory or the Commonwealth, as a consequence of which a sentence is imposed by a court, on the committal of the accused to that court for sentence.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Previous declarations taken to be declarations for purposes of this Act","content":"### 8 Previous declarations taken to be declarations for purposes of this Act\n\n> > (1)  An instrument in writing that is –\n> > \n> > > > (a) a declaration made under section 19(1) of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) as in force before the day on which this Part commences; and\n> > > \n> > > > (b) in force immediately before that day –\n> > \n> > is to be taken to be a declaration made under [section 7(1)](#GS7@Gs1@EN) .\n> \n> > (2)  An instrument in writing that is –\n> > \n> > > > (a) a declaration made under section 392(1) of the [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) , as in force immediately before the day on which the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) commenced; and\n> > > \n> > > > (b) in force immediately before the day on which this Part commences –\n> > \n> > is to be taken to be a declaration made under [section 7(1)](#GS7@Gs1@EN) .","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Dangerous criminal not to be released from custody","content":"### 9 Dangerous criminal not to be released from custody\n\n> > (1)  An offender in respect of whom a declaration has been made is not eligible to be released from custody until that declaration is discharged.\n> \n> > (2)  [Subsection (1)](#GS9@Gs1@EN) has effect whether or not a relevant custodial sentence in relation to the offender has expired.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Review of declaration of dangerous criminal","content":"## Division 2 Review of declaration of dangerous criminal","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Application for review of declaration","content":"### 10 Application for review of declaration\n\n> > (1)  The DPP may make an application to the Supreme Court (a ***review application***) for a review of a declaration in relation to an offender who is a dangerous criminal.\n> \n> > (2)  The DPP must make an application under [subsection (1)](#GS10@Gs1@EN) in relation to an offender –\n> > \n> > > > (a) except if [paragraph (b)](#GS10@Gs2@Hpb@EN) applies, within 12 months before the day by which all relevant custodial sentences in relation to the offender have expired; and\n> > > \n> > > > (b) if all relevant custodial sentences in relation to the offender have expired before the day on which this section commences – at least once within the first 3-year period after the day on which this section commences; and\n> > > \n> > > > (c) at least once within each 3-year period after the most recent determination, to refuse to make an order discharging the declaration in relation to the offender, is made under [section 15(1)](#GS15@Gs1@EN) .\n> \n> > (3)  An offender who is a dangerous criminal may make an application to the Supreme Court (a ***review application***) for a review of a declaration in relation to the offender, if –\n> > \n> > > > (a) the review application is made after the determination of a review application made under [subsection (1)](#GS10@Gs1@EN) in accordance with [subsection (2)(a)](#GS10@Gs2@Hpa@EN) or [(b)](#GS10@Gs2@Hpb@EN) ; and\n> > > \n> > > > (b) the Supreme Court grants leave to the offender to make the review application, on the grounds that exceptional circumstances apply in relation to the offender.\n> \n> > (4)  A review application is to be in writing.\n> \n> > (5)  A copy of –\n> > \n> > > > (a) a review application under [subsection (1)](#GS10@Gs1@EN) in relation to a declaration is to be served on the offender to whom the declaration relates; and\n> > > \n> > > > (b) a review application under [subsection (3)](#GS10@Gs3@EN) is to be served on the DPP.\n> \n> > (6)  A review application may be withdrawn or discontinued by leave of the Supreme Court.\n> \n> > (7)  The DPP must provide to the risk assessment committee a copy of a review application, made under [subsection (1)](#GS10@Gs1@EN) or [subsection (3)](#GS10@Gs3@EN) , as soon as practicable after the review application is made.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Reports and examination of offender to whom review application relates","content":"### 11 Reports and examination of offender to whom review application relates\n\n> > (1)  The Supreme Court, after receiving a review application in relation to an offender –\n> > \n> > > > (a) must order that the DPP provide to the Court, by the date specified in the order, each report, if any, in relation to the offender, provided to the DPP under [section 27(4)](#GS27@Gs4@EN) or [section 29(5)](#GS29@Gs5@EN) ; and\n> > > \n> > > > (b) [*\\[Section 11 Subsection (1) amended by No. 4 of 2023, s. 29, Applied:25 Sep 2023\\]*](/view/html/inforce/2023-09-25/act-2023-004#GS29@EN) may order that the Chief Psychiatrist provide to the Court, by the date specified in the order, a report, prepared by a psychiatrist, psychologist or medical practitioner, as to the risk of the offender still being a serious danger to the community.\n> \n> > (2)  The Supreme Court –\n> > \n> > > > (a) may order the DCS or any other person to prepare and provide to the Court a report in relation to the offender addressing the matters that the Court specifies in the order; and\n> > > \n> > > > (b) may have regard to the report for the purpose of determining the review application.\n> \n> > (3)  The Supreme Court is to provide to –\n> > \n> > > > (a) the DPP a copy of a report that is provided to the Court in accordance with an order under [subsection (1)](#GS11@Gs1@EN) or [(2)](#GS11@Gs2@EN) , other than a report provided to the Court by the DPP; and\n> > > \n> > > > (b) the offender a copy of a report in relation to the offender that is provided to the Court in accordance with an order under [subsection (1)](#GS11@Gs1@EN) or [(2)](#GS11@Gs2@EN) .\n> \n> > (4)  The Supreme Court may order an offender to submit to examination by a person who is to prepare in relation to the offender a report that is to be provided to the Court under [subsection (1)(b)](#GS11@Gs1@Hpb@EN) or [subsection (2)](#GS11@Gs2@EN) .\n> \n> > (5)  If –\n> > \n> > > > (a) the DPP or the offender proposes to tender a report at the hearing of a review application; and\n> > > \n> > > > (b) the DPP or the offender has caused the report to be prepared otherwise than in accordance with an order under [subsection (2)](#GS11@Gs2@EN)  –\n> > \n> > the DPP or the offender, respectively, is to provide to the other party to the review application a copy of the report at least 7 days, or within such other period ordered by the Court, before the hearing of the review application.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Procedure for hearing of review application","content":"### 12 Procedure for hearing of review application\n\n> > (1)  The Supreme Court, on receiving a review application, must set a date for the hearing of the review application.\n> \n> > (2)  The Supreme Court may adjourn the hearing of a review application to a date set by the Court.\n> \n> > (3)  The DPP, or counsel on the DPP’s behalf, must appear for the Crown at the hearing of the review application.\n> \n> > (4)  The offender to whom the review application relates is entitled to be present at the hearing of the review application, unless the Supreme Court, in its discretion, orders otherwise.\n> \n> > (5)  The DPP or the offender may adduce evidence in relation to the review application.\n> \n> > (6)  If a report provided to the Court under this Part, or tendered in evidence, is disputed by a party to the review application –\n> > \n> > > > (a) that party is entitled to cross-examine the author of the report; and\n> > > \n> > > > (b) if the author of the report is cross-examined, the other party to the review application is entitled to examine the author of the report by way of reply.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Making of pre-release orders at hearing of review application","content":"### 13 Making of pre-release orders at hearing of review application\n\n> > (1)  If a review application in relation to an offender has been made but the Supreme Court has not determined the application under [section 15(1)](#GS15@Gs1@EN) by discharging, or refusing to discharge, a declaration in relation to the offender, the DPP or the offender may apply to the Supreme Court for a pre-release order to be made in relation to the offender.\n> \n> > (2)  The Supreme Court may adjourn the hearing of a review application in relation to an offender if an application is made under [subsection (1)](#GS13@Gs1@EN) in relation to the offender.\n> \n> > (3)  If the Supreme Court receives an application under [subsection (1)](#GS13@Gs1@EN) in relation to an offender, the Court must, before making a determination under [section 15(1)](#GS15@Gs1@EN) in relation to the offender –\n> > \n> > > > (a) make a pre-release order in relation to the offender; or\n> > > \n> > > > (b) refuse to make a pre-release order in relation to the offender.\n> \n> > (4)  The Supreme Court may, of its own motion, before making a determination under [section 15(1)](#GS15@Gs1@EN) in relation to an offender, make a pre-release order in relation to the offender.\n> \n> > (5)  The Supreme Court is to make a pre-release order in relation to an offender after considering –\n> > \n> > > > (a) the matters referred to in [section 15(2)](#GS15@Gs2@EN) in relation to the review application in relation to the offender; and\n> > > \n> > > > (b) any report provided in accordance with an order under [section 21(1)](#GS21@Gs1@EN) , in relation to the offender.\n> \n> > (6)  A pre-release order is an order setting out the requirements, referred to in [section 20(1)](#GS20@Gs1@EN) , that are to apply in relation to the offender to whom the order relates before the Supreme Court determines under [section 15(1)](#GS15@Gs1@EN) the application by discharging, or refusing to discharge, a declaration in relation to the offender.\n> \n> > (7)  The DPP and an offender may make submissions to the Supreme Court as to –\n> > \n> > > > (a) whether the Supreme Court ought to make a pre-release order in relation to the offender; and\n> > > \n> > > > (b) the requirements that the Supreme Court ought to specify under [section 20(1)](#GS20@Gs1@EN) in a pre-release order in relation to the offender.\n> \n> > (8)  If the Supreme Court makes under [subsection (3)](#GS13@Gs3@EN) or [(4)](#GS13@Gs4@EN) a pre-release order in relation to an offender to whom a review application relates, the Court must, without determining the review application –\n> > \n> > > > (a) specify a date in the pre-release order to be the date to which the hearing is adjourned; and\n> > > \n> > > > (b) adjourn to that date the hearing in relation to the review application.\n> \n> > (9)  A date specified in a pre-release order in relation to an offender in accordance with [subsection (8)](#GS13@Gs8@EN) is not to be more than 12 months from the day on which the pre-release order is made.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Resumption of adjourned hearing where pre-release order made","content":"### 14 Resumption of adjourned hearing where pre-release order made\n\n> > (1)  The hearing of a review application that is adjourned in accordance with [section 13(8)](#GS13@Gs8@EN) is to resume, as applicable –\n> > \n> > > > (a) on the date, to which the hearing of the application is adjourned, that is specified in the pre-release order under [section 13(8)](#GS13@Gs8@EN) ; or\n> > > \n> > > > (b) on the date to which the hearing is adjourned under [section 12(2)](#GS12@Gs2@EN) ; or\n> > > \n> > > > (c) if the date, specified in the pre-release order, to which the hearing of the application is adjourned has been varied under [section 22(3)(b)](#GS22@Gs3@Hpb@EN)  – on the date to which the hearing is adjourned under [section 22(4)](#GS22@Gs4@EN) ; or\n> > > \n> > > > (d) if the pre-release order is revoked under [section 22(5)(a)](#GS22@Gs5@Hpa@EN)  – on the date to which the hearing of the review application is adjourned under [section 22(6)](#GS22@Gs6@EN) ; or\n> > > \n> > > > (e) on the date specified in accordance with [section 23(4)](#GS23@Gs4@EN) .\n> \n> > (2)  At the hearing of a review application in relation to an offender that resumes in accordance with [subsection (1)](#GS14@Gs1@EN)  –\n> > \n> > > > (a) the Supreme Court is, subject to any adjournment under this Part, to proceed to determine under [section 15(1)](#GS15@Gs1@EN) the review application; and\n> > > \n> > > > (b) the Supreme Court must, in addition to considering the matters referred to in [section 15(2)](#GS15@Gs2@EN) , consider –\n> > > > \n> > > > > > (i) any reports provided to the Court in accordance with a requirement of the pre-release order in relation to the offender; and\n> > > > > \n> > > > > > (ii) any other evidence before the Court as to the extent to which the offender has complied with the requirements imposed on the offender in the pre-release order; and\n> > > \n> > > > (c) the Supreme Court may not make another pre-release order in relation to the offender, but may, in accordance with an application under [section 22(1)](#GS22@Gs1@EN) to vary the pre-release order, vary under [section 22(3)](#GS22@Gs3@EN) the date specified in the pre-release order as the date to which the hearing is adjourned.\n> \n> > (3)  If the Court of Criminal Appeal, on an appeal under [section 23(1)](#GS23@Gs1@EN) or [(2)](#GS23@Gs2@EN) , quashes a pre-release order in relation to an offender, the Supreme Court must set a date for the hearing of the review application and either –\n> > \n> > > > (a) determine under [section 15(1)](#GS15@Gs1@EN) the application; or\n> > > \n> > > > (b) make under [section 13(3)](#GS13@Gs3@EN) or [(4)](#GS13@Gs4@EN) a further pre-release order in relation to the offender.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Determination of review application","content":"### 15 Determination of review application\n\n> > (1)  On a review application in relation to a declaration in relation to an offender, the Supreme Court –\n> > \n> > > > (a) must make an order discharging the declaration, if it is not satisfied to a high degree of probability that the offender is still, at the time when the order is made, a serious danger to the community; or\n> > > \n> > > > (b) must refuse to make an order discharging the declaration, if it is satisfied to a high degree of probability that the offender is still, at the time of refusing to make the order, a serious danger to the community.\n> \n> > (2)  The Supreme Court must, in determining whether it is satisfied that an offender is still a serious danger to the community, consider –\n> > \n> > > > (a) the offender’s antecedents, age and character; and\n> > > \n> > > > (b) the need to protect the community from the offender; and\n> > > \n> > > > (c) each report, in relation to the offender, that is before the Court, including any report by a psychiatrist, psychologist or medical practitioner or under the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ; and\n> > > \n> > > > (d) each previous declaration in relation to the offender, any information that the court that made the declaration relied upon in deciding to make the declaration and that is information available to the Supreme Court and any reasons, specified by the court that made the declaration, as to why the declaration was made; and\n> > > \n> > > > (e) each previous determination of a review application in relation to an offender, any information that the court that made the determination relied upon in deciding to make the determination and that is information available to the Supreme Court and any reasons, specified by the court that made the determination, as to why the determination was made; and\n> > > \n> > > > (f) the reports provided to the Court in accordance with an order under [section 11](#GS11@EN) ; and\n> > > \n> > > > (g) any report provided under [section 11(5)](#GS11@Gs5@EN) to a party to the review application; and\n> > > \n> > > > (h) any evidence that is adduced under [section 12(5)](#GS12@Gs5@EN) or that is presented or tendered at the hearing of the review application; and\n> > > \n> > > > (i) whether the risk that the offender is still a serious danger to the community may be appropriately mitigated by imposing an HRO order on the offender instead of refusing to discharge a declaration in relation to the offender; and\n> > > \n> > > > (j) any other matters that the Supreme Court thinks fit.\n> \n> > (3)  The DPP has the onus of proving that an offender is still a serious danger to the community.\n> \n> > (4)  A reference in this section to an offender still being a serious danger to the community includes a reference to the offender still being a serious danger only to some members of the community.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"When discharge of declaration takes effect","content":"### 16 When discharge of declaration takes effect\n\n> An order under [section 15(1)(a)](#GS15@Gs1@Hpa@EN) discharging a declaration does not take effect –\n> \n> > > (a) if no appeal is lodged under [section 19(3)](#GS19@Gs3@EN) in relation to the order – until the end of the period during which an appeal may be made in relation to the order; or\n> > \n> > > (b) if an appeal is lodged under [section 19(3)](#GS19@Gs3@EN)  – until the appeal is dismissed, withdrawn or discontinued.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Discharge of declaration does not affect existing sentence","content":"### 17 Discharge of declaration does not affect existing sentence\n\n> The discharge of a declaration in relation to an offender does not affect a sentence of imprisonment imposed on the offender.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Applications for HRO orders where declaration discharged","content":"### 18 Applications for HRO orders where declaration discharged\n\n> > (1)  If –\n> > \n> > > > (a) the Supreme Court, on a day, makes under [section 15(1)(a)](#GS15@Gs1@Hpa@EN) an order discharging a declaration in relation to an offender; and\n> > > \n> > > > (b) an application has, by that day, been made under [section 33(1)](#GS33@Gs1@EN) for an HRO order in relation to the offender but the application has not been determined; and\n> > > \n> > > > (c) but for the declaration, the offender would cease to be in custody –\n> > \n> > the Supreme Court must order that the offender must not be released from custody until the Supreme Court has determined the application made under [section 33(1)](#GS33@Gs1@EN) and made an order under [subsection (3)](#GS18@Gs3@EN) .\n> \n> > (2)  If the Supreme Court, on a day, makes under [section 15(1)(a)](#GS15@Gs1@Hpa@EN) an order discharging a declaration in relation to an offender and an application has not been, by that day, made under [section 33(1)](#GS33@Gs1@EN) for an HRO order in relation to the offender –\n> > \n> > > > (a) the Supreme Court must request the DPP to inform the Court whether the DPP intends to make an application under [section 33(1)](#GS33@Gs1@EN) for an HRO order in relation to the offender; and\n> > > \n> > > > (b) the DPP must, within 14 days –\n> > > > \n> > > > > > (i) inform the Court that the DPP does not intend to make an application under [section 33(1)](#GS33@Gs1@EN) for an HRO order in relation to the offender; or\n> > > > > \n> > > > > > (ii) make an application under [section 33(1)](#GS33@Gs1@EN) for an HRO order in relation to the offender; and\n> > > \n> > > > (c) the Supreme Court must, if, but for the declaration, the offender would cease to be in custody, order that the offender must not be released from custody until an order has been made under [subsection (3)](#GS18@Gs3@EN) in relation to the offender.\n> \n> > (3)  If the Supreme Court makes, under [section 15(1)(a)](#GS15@Gs1@Hpa@EN) , an order discharging a declaration in relation to an offender, the Supreme Court must make another order, for the release of the offender from custody from a date specified in that other order, if –\n> > \n> > > > (a) it is informed in accordance with [subsection (2)(b)(i)](#GS18@Gs2@Hpb@Hqi@EN) that the DPP does not intend to make an application under [section 33(1)](#GS33@Gs1@EN) for an HRO order in relation to the offender; or\n> > > \n> > > > (b) an application that is made under [section 33(1)](#GS33@Gs1@EN) for an HRO order in relation to the offender is determined by the Court after the date on which the order under [section 15(1)(a)](#GS15@Gs1@Hpa@EN) is made.\n> \n> > (4)  Despite [subsection (3)](#GS18@Gs3@EN) , if [subsection (1)](#GS18@Gs1@EN) , [(2)](#GS18@Gs2@EN) or [(3)](#GS18@Gs3@EN) applies in relation to an offender and an HRO order is made under [section 35(1)](#GS35@Gs1@EN) in relation to the offender, the Supreme Court may, if the Court considers that it is necessary to detain the offender for a period in order to enable arrangements to be made for the offender to be supervised under the HRO order –\n> > \n> > > > (a) order that the offender be detained for a period specified in the order, of not more than 7 days, after the offender would, but for the order, cease to be in custody; and\n> > > \n> > > > (b) defer the commencement of the HRO order until the end of the period specified in the order.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Appeals against declaration or refusal to make declaration","content":"### 19 Appeals against declaration or refusal to make declaration\n\n> > (1)  The DPP may, within 14 days after the Supreme Court refuses to make a declaration under [section 7(1)](#GS7@Gs1@EN) , appeal to the Court of Criminal Appeal against the refusal to make the declaration.\n> \n> > (2)  A person who has been declared to be a dangerous criminal under [section 7(1)](#GS7@Gs1@EN) may, within 14 days after the declaration is made, appeal to the Court of Criminal Appeal against the making of the declaration.\n> \n> > (3)  The DPP may, within 14 days after the Supreme Court makes an order under [section 15(1)(a)](#GS15@Gs1@Hpa@EN) , appeal to the Court of Criminal Appeal against the making of the order.\n> \n> > (4)  A person who has been declared to be a dangerous criminal under [section 7(1)](#GS7@Gs1@EN) may, within 14 days after the Supreme Court, under [section 15(1)(b)](#GS15@Gs1@Hpb@EN) , refuses to make an order discharging the declaration, appeal to the Court of Criminal Appeal against the refusal of the Supreme Court to make such an order.\n> \n> > (5)  It is not necessary to obtain the leave of the Court of Criminal Appeal for an appeal under this section.","sortOrder":22},{"sectionNumber":"Division 3","sectionType":"division","heading":"Pre-release orders","content":"## Division 3 Pre-release orders","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Requirements of pre-release orders","content":"### 20 Requirements of pre-release orders\n\n> > (1)  The Supreme Court is to specify in a pre-release order in relation to an offender the requirements that it thinks fit, including, but not limited to including, any of the following requirements:\n> > \n> > > > (a) a requirement that the offender participate in, or complete, one or more rehabilitation, treatment or re-integration programs specified in the order;\n> > > \n> > > > (b) a requirement that the offender participate in, or complete, one or more activities, specified in the order, that may assist in the rehabilitation or re-integration into society of the offender;\n> > > \n> > > > (c) a requirement that the offender achieve certain results, or that certain circumstances must have arisen, as a result of the offender’s participation in, or completion of, a rehabilitation, treatment or re-integration program specified in the order;\n> > > \n> > > > (d) a requirement that relevant reports, specified in the order, in relation to the offender be prepared and provided to the Supreme Court;\n> > > \n> > > > (e) a requirement that information, specified in the order, as to the accommodation, employment, or any other support, that will be available to the offender if the declaration in relation to the offender is discharged, be provided to the Supreme Court.\n> \n> > (2)  For the purposes of [subsection (1)(d)](#GS20@Gs1@Hpd@EN) , a relevant report in relation to the offender is a report, prepared by a psychiatrist, psychologist or medical practitioner or under the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) , that may assist the Supreme Court to determine –\n> > \n> > > > (a) the extent to which the offender has complied with the requirements of a pre-release order imposed on the offender; or\n> > > \n> > > > (b) whether the offender is still a serious danger to the community.\n> \n> > (3)  The Supreme Court is to provide to the DPP and the offender a copy of a report provided to the Court in accordance with a requirement of a pre-release order imposed under [subsection (1)(d)](#GS20@Gs1@Hpd@EN) .\n> \n> > (4)  A pre-release order does not take effect –\n> > \n> > > > (a) if no appeal is lodged under [section 23(1)](#GS23@Gs1@EN) or [(2)](#GS23@Gs2@EN) in relation to the pre-release order – until the end of the period in which an appeal may be made in relation to the order; or\n> > > \n> > > > (b) if an appeal is lodged under [section 23(1)](#GS23@Gs1@EN) or [(2)](#GS23@Gs2@EN) in relation to the pre-release order and the appeal is dismissed – until the dismissal of the appeal; or\n> > > \n> > > > (c) if an appeal is lodged under [section 23(1)](#GS23@Gs1@EN) or [(2)](#GS23@Gs2@EN) in relation to the pre-release order and the appeal is upheld.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Orders before, or ancillary to, making of pre-release orders","content":"### 21 Orders before, or ancillary to, making of pre-release orders\n\n> > (1)  The Supreme Court may, before or at the hearing of a review application in relation to an offender, order the DCS to provide to the Court, within a period specified in the order, a report as to any one or more of the following:\n> > \n> > > > (a) the rehabilitation, treatment, or re-integration, programs that the DCS makes available to offenders to assist in the rehabilitation or re-integration into society of offenders;\n> > > \n> > > > (b) the training, education or other activities that the DCS makes available to offenders to assist in the rehabilitation or re-integration into society of offenders;\n> > > \n> > > > (c) the opinion of the DCS as to whether the offender is suitable to participate in such a program or activities –\n> > \n> > so as to assist the Supreme Court to determine whether to make a pre-release order and what requirements to specify under [section 20(1)](#GS20@Gs1@EN) on a pre-release order, if any, in relation to the offender.\n> \n> > (2)  The Supreme Court is to provide to the DPP and the offender a copy of a report provided to the Court in accordance with an order under [subsection (1)](#GS21@Gs1@EN) .\n> \n> > (3)  If the Supreme Court makes a pre-release order, the Court may make an order in relation to an offender requiring the DCS to ensure that –\n> > \n> > > > (a) the offender is, within the period specified in the order, given all reasonable opportunities to attend and participate in a program or activity specified, in accordance with [section 20(1)](#GS20@Gs1@EN) , in a requirement of the pre-release order; and\n> > > \n> > > > (b) the reports, or information, specified, in accordance with [section 20(1)](#GS20@Gs1@EN) , in a requirement of the pre-release order, are obtained and provided to the Supreme Court within the period that is specified in the order under this subsection.\n> \n> > (4)  If the Supreme Court makes a pre-release order in relation to an offender to whom a review application relates, the Supreme Court may make a further order under [section 11(2)](#GS11@Gs2@EN) for the provision of a report for the purposes of the hearing of the review application at the date to which the hearing is adjourned in accordance with this Part.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Variation or revocation of pre-release orders or ancillary orders","content":"### 22 Variation or revocation of pre-release orders or ancillary orders\n\n> > (1)  The DPP or the offender may apply to the Supreme Court for the variation or revocation of a pre-release order, or of an order made under [section 21](#GS21@EN) , in relation to the offender.\n> \n> > (2)  If an application is made under [subsection (1)](#GS22@Gs1@EN)  –\n> > \n> > > > (a) by the DPP – the DPP must serve on the offender notice of the application within 7 days after the application is made; or\n> > > \n> > > > (b) by the offender – the offender must serve on the DPP notice of the application within 7 days after the application is made.\n> \n> > (3)  If an application is made under [subsection (1)](#GS22@Gs1@EN) for the variation of a pre-release order, the Supreme Court may –\n> > \n> > > > (a) vary the pre-release order by varying or revoking a requirement specified in the pre-release order; or\n> > > \n> > > > (b) vary the date specified, in the pre-release order, as the date to which the hearing of the review application to which the pre-release order relates is adjourned, but not so that the date is more than 15 months from the day on which the order was first made or the day on which the order was confirmed under [section 23(4)](#GS23@Gs4@EN) , whichever is the later.\n> \n> > (4)  If the Supreme Court varies under [subsection (3)](#GS22@Gs3@EN) the date specified in the pre-release order as the date to which the hearing of the review application to which the pre-release order relates is adjourned, the Supreme Court must set that date as the date to which the hearing of the review application is adjourned.\n> \n> > (5)  If an application is made under [subsection (1)](#GS22@Gs1@EN) for the revocation of a pre-release order, the Supreme Court may –\n> > \n> > > > (a) revoke the pre-release order; or\n> > > \n> > > > (b) refuse to revoke the pre-release order.\n> \n> > (6)  If the Supreme Court revokes under [subsection (5)(a)](#GS22@Gs5@Hpa@EN) a pre-release order in relation to an offender, the Supreme Court must set a date for the hearing of the review application in relation to the offender that was adjourned under [section 13(8)](#GS13@Gs8@EN) .\n> \n> > (7)  If an application is made under [subsection (1)](#GS22@Gs1@EN) for the variation or revocation of an order made under [section 21](#GS21@EN) , the Supreme Court may –\n> > \n> > > > (a) vary or revoke the order; or\n> > > \n> > > > (b) refuse to vary or revoke the order.\n> \n> > (8)  The DPP and an offender may make submissions to the Supreme Court as to whether a pre-release order, or an order made under [section 21](#GS21@EN) , ought to be varied or revoked as specified in an application under [subsection (1)](#GS22@Gs1@EN) .","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Appeals in relation to making of, or refusal to make, pre-release order","content":"### 23 Appeals in relation to making of, or refusal to make, pre-release order\n\n> > (1)  The DPP may, within 14 days after the Supreme Court –\n> > \n> > > > (a) makes or refuses to make a pre-release order under [section 13(3)](#GS13@Gs3@EN) , appeal to the Court of Criminal Appeal against the making of the order by the Supreme Court or the refusal by the Supreme Court to make such an order; or\n> > > \n> > > > (b) makes a pre-release order under [section 13(4)](#GS13@Gs4@EN) , appeal to the Court of Criminal Appeal against the making of the order by the Supreme Court.\n> \n> > (2)  An offender may, within 14 days after the Supreme Court –\n> > \n> > > > (a) makes or refuses to make a pre-release order under [section 13(3)](#GS13@Gs3@EN) in relation to the offender, appeal to the Court of Criminal Appeal against the making of the order by the Supreme Court or the refusal by the Supreme Court to make such an order; or\n> > > \n> > > > (b) makes a pre-release order under [section 13(4)](#GS13@Gs4@EN) in relation to the offender, appeal to the Court of Criminal Appeal against the making of the order by the Supreme Court.\n> \n> > (3)  It is not necessary to obtain the leave of the Court of Criminal Appeal for an appeal under this section.\n> \n> > (4)  If the Court of Criminal Appeal, on an appeal under this section, confirms the making of a pre-release order, the Court of Criminal Appeal may vary the date specified in the order to be the date to which the hearing of the application in relation to the offender is to be adjourned, but not so that the date is more than 12 months from the day on which the Court of Criminal Appeal makes the order.","sortOrder":27},{"sectionNumber":"Part 3","sectionType":"part","heading":"High Risk Offenders","content":"# Part 3 High Risk Offenders","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Interpretation of Part 3","content":"### 24 Interpretation of Part 3\n\n> In this Part –\n> \n> > ***application*** means an application made under [section 33](#GS33@EN) ;\n> \n> > ***breach*** includes fail to comply;\n> \n> > ***chairperson of the risk assessment committee*** – see [section 26(3)](#GS26@Gs3@EN) ;\n> \n> > ***operational period*** – see [section 39](#GS39@EN) ;\n> \n> > ***prescribed officer*** has the same meaning as in [section 42AB of the](/view/html/inforce/2026-04-12/act-1997-059#GS42AB@EN) [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) ;\n> \n> > ***relevant agency*** – see [section 25](#GS25@EN) ;\n> \n> > ***relevant offender*** means an offender who has been convicted of a serious offence, who has attained the age of 18 years and who is –\n> > \n> > > > (a) in custody –\n> > > > \n> > > > > > (i) pursuant to a declaration under [section 7(1)](#GS7@Gs1@EN) ; or\n> > > > > \n> > > > > > (ii) in accordance with [section 37(2)](#GS37@Gs2@EN) ; or\n> > > > > \n> > > > > > (iii) in accordance with an order under [section 18(1)](#GS18@Gs1@EN) or [(4)](#GS18@Gs4@EN) ; or\n> > > \n> > > > (b) subject to an HRO order or an interim HRO order; or\n> > > \n> > > > (c) serving a custodial sentence –\n> > > > \n> > > > > > (i) for a serious offence; or\n> > > > > \n> > > > > > (ii) for an offence against [section 41](#GS41@EN) ; or\n> > > > > \n> > > > > > (iii) [*\\[Section 24 Amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja8@GC1@EN) for an offence, against a law of this State, another State, a Territory or the Commonwealth, that is being served concurrently with or cumulatively on, or partly concurrently with and partly cumulatively on, one or more sentences of imprisonment referred to in [subparagraph (i)](#GS24@Nd204586@Hpc@Hqi@EN) or [(ii)](#GS24@Nd204586@Hpc@Hqii@EN) ;\n> \n> > ***risk assessment***, in relation to a relevant offender, means an assessment as to the likelihood of the offender committing a serious offence unless there is an HRO order in force in relation to the offender.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Meaning of relevant agency","content":"### 25 Meaning of relevant agency\n\n> For the purposes of this Part, each of the following is a relevant agency:\n> \n> > > (a) the Department;\n> > \n> > > (b) the department primarily responsible in relation to the administration of the [Tasmanian Health Service Act 2018](/view/html/inforce/2026-04-12/act-2018-001) ;\n> > \n> > > (c) the department primarily responsible in relation to the administration of the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) ;\n> > \n> > > (d) [*\\[Section 25 Amended by No. 6 of 2025, s. 19, Applied:01 Jul 2025\\]*](/view/html/inforce/2025-07-01/act-2025-006#GS19@EN) the department primarily responsible in relation to the administration of the [Disability Rights, Inclusion and Safeguarding Act 2024](/view/html/inforce/2026-04-12/act-2024-021) ;\n> > \n> > > (e) the department primarily responsible in relation to the administration of the [Police Service Act 2003](/view/html/inforce/2026-04-12/act-2003-075) ;\n> > \n> > > (f) any other unit of administration of the State, another State, a Territory, or the Commonwealth, that is prescribed.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"High risk offenders assessment committee","content":"### 26 High risk offenders assessment committee\n\n> > (1)  The high risk offenders assessment committee (the ***risk assessment committee***) is established.\n> \n> > (2)  The risk assessment committee consists of the following members:\n> > \n> > > > (a) the Secretary of the Department or a person who is nominated by the Secretary of the Department;\n> > > \n> > > > (b) a representative, of the unit of administration, within the department primarily responsible in relation to the administration of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) , that is primarily responsible for the management of prisons, who is nominated by the Secretary of that department;\n> > > \n> > > > (c) a representative, of the department primarily responsible in relation to the administration of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) , who is nominated by the Secretary of that department;\n> > > \n> > > > (d) a representative, of the department primarily responsible in relation to the administration of the [Tasmanian Health Service Act 2018](/view/html/inforce/2026-04-12/act-2018-001) , who is nominated by the Secretary of that department;\n> > > \n> > > > (e) [*\\[Section 26 Subsection (2) amended by No. 6 of 2025, s. 20, Applied:01 Jul 2025\\]*](/view/html/inforce/2025-07-01/act-2025-006#GS20@EN) a representative, of the department primarily responsible in relation to the administration of the [Disability Rights, Inclusion and Safeguarding Act 2024](/view/html/inforce/2026-04-12/act-2024-021) , who is nominated by the Secretary of that department;\n> > > \n> > > > (f) a representative, of the department primarily responsible in relation to the administration of the [Police Service Act 2003](/view/html/inforce/2026-04-12/act-2003-075) , who is nominated by the Secretary of that department;\n> > > \n> > > > (g) [*\\[Section 26 Subsection (2) amended by No. 4 of 2023, s. 30, Applied:25 Sep 2023\\]*](/view/html/inforce/2023-09-25/act-2023-004#GS30@EN) the Chief Psychiatrist or a person nominated by the Chief Psychiatrist;\n> > > \n> > > > (h) a representative of any other unit of administration of the State, another State, a Territory, or the Commonwealth, that is prescribed.\n> \n> > (3)  The member of the risk assessment committee under [subsection (2)(a)](#GS26@Gs2@Hpa@EN) is the chairperson of the risk assessment committee.\n> \n> > (4)  The risk assessment committee has the following functions:\n> > \n> > > > (a) to ensure the preparation of reports for the purposes of this Division in relation to relevant offenders and, where it thinks fit, to cause risk assessments of relevant offenders to be conducted;\n> > > \n> > > > (b) to facilitate cooperation between, and the co-ordination of, relevant agencies in the preparation of risk assessments of relevant offenders and the management of relevant offenders who are subject to HRO orders;\n> > > \n> > > > (c) to facilitate information sharing between relevant agencies in relation to risk assessment of relevant offenders, applications for HRO orders and the management of relevant offenders who are subject to HRO orders;\n> > > \n> > > > (d) to advise relevant agencies in relation to –\n> > > > \n> > > > > > (i) the management of relevant offenders who are subject to HRO orders; and\n> > > > > \n> > > > > > (ii) other matters relating to the operation of this Part.","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Preparation of reports in relation to offenders","content":"### 27 Preparation of reports in relation to offenders\n\n> > (1)  If the risk assessment committee is of the opinion that it is necessary or desirable to do so, the committee –\n> > \n> > > > (a) is to ensure that a behavioural report in relation to a relevant offender is prepared and provided to the committee; and\n> > > \n> > > > (b) is to ensure that one or more management reports are prepared in relation to a relevant offender and provided to the committee.\n> \n> > (2)  For the purposes of this section, a behavioural report in relation to a relevant offender is –\n> > \n> > > > (a) if the relevant offender is in custody – a report, prepared by the unit of administration primarily responsible for the administration of prisons, as to the behaviour of the offender while in custody; or\n> > > \n> > > > (b) if the relevant offender is subject to an HRO order – a report, prepared by the unit of administration primarily responsible for the management of persons on parole, as to the offender’s behaviour while subject to the HRO order.\n> \n> > (3)  For the purposes of this section, a management report in relation to a relevant offender is a report from a relevant agency in relation to –\n> > \n> > > > (a) the management and supervision of the offender; and\n> > > \n> > > > (b) any support or treatment of the offender; and\n> > > \n> > > > (c) any conditions that the relevant agency is of the opinion that the Court should, if it makes an HRO order in relation to the offender, consider specifying under [section 38(2)](#GS38@Gs2@EN) in the order.\n> \n> > (4)  As soon as practicable after a behavioural report, or a management report, in relation to a relevant offender is provided to the risk assessment committee, the committee is to provide to the DPP a copy of the report.","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Committee to determine whether risk assessment of relevant offender to be carried out","content":"### 28 Committee to determine whether risk assessment of relevant offender to be carried out\n\n> > (1)  The risk assessment committee, after considering each report in relation to a relevant offender that is provided to the committee under [section 27](#GS27@EN) , is to determine whether a risk assessment of the relevant offender is to be carried out.\n> \n> > (2)  The risk assessment committee may only determine under [subsection (1)](#GS28@Gs1@EN) that a risk assessment of a relevant offender is not to be carried out if, having regard to the circumstances of the relevant offender, the committee considers that it is not necessary or desirable for a risk assessment of the relevant offender to be carried out.\n> \n> > (3)  If the risk assessment committee determines under [subsection (1)](#GS28@Gs1@EN) that a risk assessment of a relevant offender is to be carried out, the chairperson of the risk assessment committee is –\n> > \n> > > > (a) to appoint a person to conduct a risk assessment of the relevant offender; and\n> > > \n> > > > (b) to provide to the person any report in relation to the offender that is provided to the committee under [section 27](#GS27@EN) .\n> \n> > (4)  The person appointed under [subsection (3)](#GS28@Gs3@EN) to conduct a risk assessment of a relevant offender is to be a member of the one of the relevant classes of persons that the chairperson considers, having regard to the circumstances of the relevant offender, to be the class of persons most suited to conduct the risk assessment of the relevant offender.\n> \n> > (5)  For the purposes of [subsection (4)](#GS28@Gs4@EN) , the following are the relevant classes of persons:\n> > \n> > > > (a) psychiatrists;\n> > > \n> > > > (b) psychologists;\n> > > \n> > > > (c) medical practitioners.","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Conduct of risk assessment","content":"### 29 Conduct of risk assessment\n\n> > (1)  A person appointed under [section 28(3)](#GS28@Gs3@EN) to conduct a risk assessment of a relevant offender is to conduct a risk assessment of the relevant offender.\n> \n> > (2)  The risk assessment of the relevant offender may, but is not required to, include an examination of the relevant offender in person by the person conducting the risk assessment.\n> \n> > (3)  A person appointed to conduct the risk assessment of a relevant offender must, after completing the risk assessment, provide to the risk assessment committee a report in relation to the relevant offender.\n> \n> > (4)  The report in relation to the relevant offender is to set out the opinion, of the person who conducted the risk assessment, as to the likelihood of the relevant offender committing another serious offence unless there is an HRO order in force in relation to the relevant offender and is to specify the reasons why the person is of that opinion.\n> \n> > (5)  As soon as practicable after the risk assessment committee is provided under [subsection (3)](#GS29@Gs3@EN) with a report in relation to a relevant offender, the committee is to provide to the DPP a copy of the report.","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Determination by DPP as to whether to apply for HRO order in relation to offender","content":"### 30 Determination by DPP as to whether to apply for HRO order in relation to offender\n\n> > (1)  The DPP, after receiving all reports in relation to a relevant offender under [section 27(4)](#GS27@Gs4@EN) or [section 29(5)](#GS29@Gs5@EN) , must decide whether to make an application for an HRO order in relation to the relevant offender.\n> \n> > (2)  The DPP is to notify the risk assessment committee as soon as practicable after having determined whether to make an application for an HRO order in relation to a relevant offender.","sortOrder":37},{"sectionNumber":"31","sectionType":"section","heading":"Cooperation between relevant agencies in relation to dangerous offenders","content":"### 31 Cooperation between relevant agencies in relation to dangerous offenders\n\n> > (1)  In this section –\n> > \n> > > ***dangerous offender functions and powers***, in relation to a relevant agency, means the functions and powers of the agency that relate to, or are relevant to –\n> > > \n> > > > > (a) risk assessments for the purposes of this Part; and\n> > > > \n> > > > > (b) the management of relevant offenders.\n> \n> > (2)  Each relevant agency, in the performance and exercise of the dangerous offender functions and powers of the agency, has a duty to cooperate with other relevant agencies.\n> \n> > (3)  The duty to cooperate with other relevant agencies includes the following duties:\n> > \n> > > > (a) the duty to disclose to a relevant agency information that is likely to be of assistance to that agency in the performance and exercise of that agency’s dangerous offender functions and powers;\n> > > \n> > > > (b) the duty to provide reasonable assistance and support to a relevant agency in connection with the performance and exercise by that agency of that agency’s dangerous offender functions and powers;\n> > > \n> > > > (c) the duty to cooperate in relation to the performance and exercise of the functions and powers of the risk assessment committee under this Part.\n> \n> > (4)  Cooperation between relevant agencies in the performance and exercise of dangerous offender functions and powers may include, but is not limited to including, any of the following:\n> > \n> > > > (a) the development of management plans, for relevant offenders, that involve multiple relevant agencies;\n> > > \n> > > > (b) providing assistance and support to relevant offenders through joint programs.","sortOrder":38},{"sectionNumber":"32","sectionType":"section","heading":"Exchange of information and cooperative management of dangerous offenders","content":"### 32 Exchange of information and cooperative management of dangerous offenders\n\n> > (1)  Two or more relevant agencies may enter into an arrangement (a ***cooperative protocol***) with each other to enable –\n> > \n> > > > (a) information held by any of the agencies concerned to be shared or exchanged between those agencies; and\n> > > \n> > > > (b) the cooperative management of relevant offenders.\n> \n> > (2)  The information to which a cooperative protocol may relate is limited to the following:\n> > \n> > > > (a) information concerning relevant offenders;\n> > > \n> > > > (b) any other information that is prescribed.\n> \n> > (3)  Under a cooperative protocol, each relevant agency that has entered into the protocol is authorised –\n> > \n> > > > (a) to request and receive information held by any other relevant agency that has entered into the protocol; and\n> > > \n> > > > (b) to disclose information to any of the relevant agencies that have entered into the protocol –\n> > \n> > without the consent of any person concerned, but only to the extent that the information is reasonably necessary to assist in the performance or exercise of functions or powers under this Act or the functions or powers of the relevant agency to which the information is disclosed.\n> \n> > (4)  This section does not limit the operation under any Act under which a relevant agency is authorised or required to disclose information to another person or body.","sortOrder":39},{"sectionNumber":"32A","sectionType":"section","heading":"Disclosure of certain confidential information","content":"### 32A Disclosure of certain confidential information\n\n> [*\\[Section 32A Inserted by No. 5 of 2023, s. 14, Applied:13 Jun 2023\\]*](/view/html/inforce/2023-06-13/act-2023-005#GS14@EN)\n> \n> > (1)  In this section –\n> > \n> > > ***parole*** means parole within the meaning of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ;\n> > \n> > > ***Parole Board*** means the Parole Board established by [section 62 of the](/view/html/inforce/2026-04-12/act-1997-051#GS62@EN) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ;\n> > \n> > > ***parole order*** means a parole order as defined in [section 3 of the](/view/html/inforce/2026-04-12/act-1997-051#GS3@EN) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ;\n> > \n> > > ***prisoner*** means prisoner as defined in [section 3 of the](/view/html/inforce/2026-04-12/act-1997-051#GS3@EN) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) .\n> \n> > (2)  As soon as practicable after the DPP becomes aware that a person is a relevant offender, the DPP is to inform the Parole Board that the person is a relevant offender for the purposes of this Part.\n> \n> > (3)  If a prisoner makes an application for parole, and the Parole Board has been informed under [subsection (2)](#GS32A@Gs2@EN) that the prisoner is a person who is a relevant offender, the Parole Board must disclose to the DPP, as soon as is practicable, the following confidential information in relation to the prisoner:\n> > \n> > > > (a) notice that the Parole Board is to consider whether the prisoner should be released on parole;\n> > > \n> > > > (b) if a parole order is made –\n> > > > \n> > > > > > (i) a copy of the parole order; and\n> > > > > \n> > > > > > (ii) a copy of the reasons for the parole order that were published by the Parole Board in accordance with section 72(7)(b) of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-999) ;\n> > > \n> > > > (c) if the making of a parole order is deferred, or refused, by the Parole Board –\n> > > > \n> > > > > > (i) a copy of the notice of the Parole Board’s decision; and\n> > > > > \n> > > > > > (ii) a copy of the Parole Board’s reasons for refusing parole, that were given to the prisoner in accordance with section 72(8) of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-999) .\n> \n> > (4)  For the avoidance of doubt, section 8 of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-999) does not apply in respect of the disclosure of any confidential information authorised under [subsection (3)](#GS32A@Gs3@EN) .","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Applications for HRO orders","content":"### 33 Applications for HRO orders\n\n> > (1)  The DPP may apply to the Supreme Court for an HRO order in relation to a person who is, at the time when the application is made, a relevant offender.\n> \n> > (2)  An application may only be made under [subsection (1)](#GS33@Gs1@EN) in relation to a relevant offender if –\n> > \n> > > > (a) where there is an HRO order in relation to the offender – the application is made not more than 9 months before the order is due to expire; or\n> > > \n> > > > (b) where the offender is serving a custodial sentence –\n> > > > \n> > > > > > (i) for a serious offence; or\n> > > > > \n> > > > > > (ii) for an offence against [section 41](#GS41@EN) ; or\n> > > > > \n> > > > > > (iii) [*\\[Section 33 Subsection (2) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja8@GC2@EN) for another offence, against a law of this State, another State, a Territory or the Commonwealth, that is being served concurrently with or cumulatively on, or partly concurrently with and partly cumulatively on, one or more sentences of imprisonment referred to in [subparagraph (i)](#GS33@Gs2@Hpb@Hqi@EN) or [(ii)](#GS33@Gs2@Hpb@Hqii@EN)  –\n> > > > \n> > > > the application is made not more than 9 months before the sentence of imprisonment is due to expire; or\n> > > \n> > > > (c) a declaration under [section 7(1)](#GS7@Gs1@EN) applies in relation to the offender or the offender is in custody in accordance with an order under [section 15](#GS15@EN) .\n> \n> > (3)  An application under [subsection (1)](#GS33@Gs1@EN) in relation to a relevant offender must be accompanied by –\n> > \n> > > > (a) each report in relation to the relevant offender that is provided to the DPP under [section 27(4)](#GS27@Gs4@EN) or [section 29(5)](#GS29@Gs5@EN) ; and\n> > > \n> > > > (b) documents in relation to any matters that the DPP considers to be relevant to the determination of the Supreme Court as to whether or not to make an HRO order in relation to the offender.\n> \n> > (4)  An application under [subsection (1)](#GS33@Gs1@EN) in relation to a relevant offender may specify the kinds of conditions, referred to in [section 38](#GS38@EN) , that the DPP considers appropriate for inclusion in an HRO order that may be made in relation to the offender.\n> \n> > (5)  The DPP must, within 7 days after making an application under [subsection (1)](#GS33@Gs1@EN) in relation to a relevant offender or within a longer period allowed by the Supreme Court, serve on the offender –\n> > \n> > > > (a) a copy of the application; and\n> > > \n> > > > (b) a copy of the documents, referred to in [subsection (3)](#GS33@Gs3@EN) , in relation to the application.","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Hearing of application","content":"### 34 Hearing of application\n\n> > (1)  The Supreme Court must, within 28 days after receiving an application or within a longer period allowed by the Court, conduct a hearing in relation to the application.\n> \n> > (2)  [*\\[Section 34 Subsection (2) amended by No. 4 of 2023, s. 31, Applied:25 Sep 2023\\]*](/view/html/inforce/2023-09-25/act-2023-004#GS31@EN) [*\\[Section 34 Subsection (2) substituted by No. 33 of 2023, s. 13, Applied:27 Nov 2023\\]*](/view/html/inforce/2023-11-27/act-2023-033#GS13@EN) After receiving an application in relation to an offender, the Supreme Court may make one or more of the following orders:\n> > \n> > > > (a) an order for the Chief Psychiatrist under the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) to provide to the Court, by the date specified in the order, a report, prepared by a psychiatrist, psychologist or medical practitioner, as to the likelihood of the offender committing another serious offence unless an HRO order is made in relation to the offender;\n> > > \n> > > > (b) if a copy of a behavioural report or a management report was provided to the DPP under [section 27(4)](#GS27@Gs4@EN) in respect of the offender, an order for an updated report to be provided to the Court by the date specified in the order;\n> > > \n> > > > (c) if a behavioural report or a management report was not provided to the DPP under [section 27(4)](#GS27@Gs4@EN) in respect of the offender, either or both of the following reports be provided to the Court by the date specified in the order:\n> > > > \n> > > > > > (i) a behavioural report within the meaning of [section 27(2)](#GS27@Gs2@EN) ;\n> > > > > \n> > > > > > (ii) a management report, within the meaning of [section 27(3)](#GS27@Gs3@EN) , by the relevant agency specified in the order or, if no agency is so specified, by any relevant agency.\n> \n> > (3)  If an order is made under [subsection (2)](#GS34@Gs2@EN) , the date specified in the order is to be no later than 14 days before the date set for the hearing of the application.\n> \n> > (4)  The Supreme Court may order an offender to whom an application relates to submit to examination by a person who is to prepare, in relation to the offender, a report in accordance with an order under [subsection (2)](#GS34@Gs2@EN) .\n> \n> > (5)  A copy of a report to be provided to the Supreme Court in accordance with an order under [subsection (2)](#GS34@Gs2@EN) is to be provided to the DPP and the offender.\n> \n> > (6)  The DPP or the offender may adduce evidence at a hearing in relation to an application.\n> \n> > (7)  If a document or report provided to the Court, or tendered, under this Part is disputed by a party to the application –\n> > \n> > > > (a) the disputing party to the application is entitled to cross-examine the author of the report; and\n> > > \n> > > > (b) if the author of the report is cross-examined, the other party is entitled to examine the author of the report by way of reply.","sortOrder":43},{"sectionNumber":"Division 4","sectionType":"division","heading":"HRO orders and interim HRO orders","content":"## Division 4 HRO orders and interim HRO orders","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"HRO orders","content":"### 35 HRO orders\n\n> > (1)  The Supreme Court may determine the hearing of an application in relation to an offender –\n> > \n> > > > (a) by making a high risk offender order (an ***HRO order***) in relation to the offender; or\n> > > \n> > > > (b) by refusing to make a high risk offender order in relation to the offender.\n> \n> > (2)  The Supreme Court may only make an HRO order in relation to an offender if the Court is satisfied to a high degree of probability that the offender poses an unacceptable risk of committing another serious offence unless an HRO order is made in relation to the offender.\n> \n> > (3)  The Supreme Court is not required to determine that it is more likely than not that an offender will commit a serious offence, in order to be satisfied to a high degree of probability that the offender poses an unacceptable risk of committing another serious offence unless an HRO order is made in relation to the offender.\n> \n> > (4)  [*\\[Section 35 Subsection (4) inserted by No. 23 of 2025, s. 5, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS5@EN) If the Supreme Court makes an HRO order under [subsection (1)(a)](#GS35@Gs1@Hpa@EN) , the Court may, if the Court considers that it is necessary to detain the offender for a period in order to enable arrangements to be made to give effect to conditions imposed by the HRO order –\n> > \n> > > > (a) order that the offender be detained for a period specified in the order, of not more than 7 days, after the offender would, but for the order, cease to be in custody; and\n> > > \n> > > > (b) defer the commencement of the HRO order until the end of that period.\n> \n> > (5)  [*\\[Section 35 Subsection (5) inserted by No. 23 of 2025, s. 5, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS5@EN) As soon as practicable after making an order under [subsection (4)(a)](#GS35@Gs4@Hpa@EN) , the Supreme Court must issue a warrant of committal of the offender for the period specified in the order after the offender would, but for the order, cease to be in custody.\n> \n> > (6)  [*\\[Section 35 Subsection (6) inserted by No. 23 of 2025, s. 5, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS5@EN) A warrant under [subsection (5)](#GS35@Gs5@EN) is sufficient authority for the offender to be kept in custody in accordance with the terms of the warrant.","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Matters to be considered in determining whether to make HRO order","content":"### 36 Matters to be considered in determining whether to make HRO order\n\n> > (1)  The safety of the community must be the paramount consideration of the Supreme Court in determining whether or not to make an HRO order in relation to an offender.\n> \n> > (2)  In determining whether or not to make an HRO order in relation to an offender, the Supreme Court must have regard to the following matters:\n> > \n> > > > (a) the reports, if any, provided to the Court in accordance with an order under [section 34(2)](#GS34@Gs2@EN) ;\n> > > \n> > > > (b) the report, provided to the Court, of any other assessment prepared by a psychiatrist, psychologist or medical practitioner as to –\n> > > > \n> > > > > > (i) the likelihood of the offender committing a further serious offence; and\n> > > > > \n> > > > > > (ii) the willingness of the offender to participate in any such assessment; and\n> > > > > \n> > > > > > (iii) the level of the offender’s participation in the assessment;\n> > > \n> > > > (c) any report, provided to the Court, that is prepared by DCS as to the extent to which the offender can reasonably and practicably be managed in the community;\n> > > \n> > > > (d) any treatment or rehabilitation programs in which the offender has had an opportunity to participate, the willingness of the offender to participate in any such programs and the level of the offender’s participation in any such programs;\n> > > \n> > > > (e) if the offender is a dangerous criminal, the options, if any, that are available and that might reduce the likelihood of the offender re-offending, if the offender is not kept in custody;\n> > > \n> > > > (f) the likelihood that the offender will comply with the terms and conditions of an HRO order;\n> > > \n> > > > (g) the level of the offender’s compliance with any obligations or conditions to which the offender is, or has been, subject while on release on parole, while subject to an HRO order, or under the [Community Protection (Offender Reporting) Act 2005](/view/html/inforce/2026-04-12/act-2005-061) ;\n> > > \n> > > > (h) the offender’s criminal history, including prior convictions and findings of guilt in respect of offences committed in the State or elsewhere, and any pattern in the committing of offences indicated by that history;\n> > > \n> > > > (ha) [*\\[Section 36 Subsection (2) amended by No. 21 of 2022, s. 22, Applied:30 Jun 2024\\]*](/view/html/inforce/2024-06-30/act-2022-021#GS22@EN) any serial family violence declaration under [section 29A of the](/view/html/inforce/2026-04-12/act-2004-067#GS29A@EN) [Family Violence Act 2004](/view/html/inforce/2026-04-12/act-2004-067) that is in force in relation to the offender;\n> > > \n> > > > (i) the comments made by the sentencing court in passing any sentence imposed on the offender in relation to a serious offence;\n> > > \n> > > > (j) any evidence that is adduced under [section 34(6)](#GS34@Gs6@EN) or that is presented at a hearing under [section 34](#GS34@EN) in relation to the application;\n> > > \n> > > > (k) any other information that is available to the Supreme Court as to the likelihood that the offender will commit a further serious offence.\n> \n> > (3)  In determining whether or not to make an HRO order in relation to an offender, the Supreme Court may also take into consideration any other matter it considers relevant.","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Interim HRO orders","content":"### 37 Interim HRO orders\n\n> > (1)  The Supreme Court may, on receiving an application, make an interim high risk offender order (an ***interim HRO order***) in relation to an offender if it appears to the Court that –\n> > \n> > > > (a) the offender will cease to be in custody, or to be subject to an HRO order, before the Supreme Court determines whether to make, or refuse to make, an HRO order in relation to the offender; and\n> > > \n> > > > (b) the matters alleged in information before the Court would, if proved, justify the making of an HRO order in relation to the offender.\n> \n> > (2)  If the offender to which an interim HRO order relates is in custody, the Supreme Court may, if the Court considers that it is necessary to detain the offender for a period in order to enable arrangements to be made for the offender to be supervised under an HRO order or the interim HRO order –\n> > \n> > > > (a) order that the offender be detained for a period specified in the order, of not more than 7 days, after the offender would, but for the order, cease to be in custody; and\n> > > \n> > > > (b) defer the commencement of the interim HRO order until the end of that period.\n> \n> > (3)  As soon as practicable after making an order under [subsection (2)(a)](#GS37@Gs2@Hpa@EN) , the Supreme Court must issue a warrant of committal of the offender for the period specified in the order after the offender would, but for the order, cease to be in custody.\n> \n> > (4)  A warrant under [subsection (3)](#GS37@Gs3@EN) is sufficient authority for the offender to be kept in custody in accordance with the terms of the warrant.\n> \n> > (5)  The Supreme Court may, subject to [section 39(8)](#GS39@Gs8@EN) , make a second or subsequent interim HRO order in relation to an offender.","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Conditions of HRO order or interim HRO order","content":"### 38 Conditions of HRO order or interim HRO order\n\n> > (1)  The Supreme Court must specify the following conditions in an HRO order, or an interim HRO order, in relation to an offender:\n> > \n> > > > (a) a condition that the offender must not, during the operational period of the order, commit an offence that is punishable by imprisonment;\n> > > \n> > > > (b) a condition that the offender must report, on or before a day specified in the order, to a probation officer at the place specified in the order;\n> > > \n> > > > (c) a condition that the offender must, during the operational period of the order, report to a probation officer as required by the probation officer;\n> > > \n> > > > (d) a condition that the offender must, during the operational period of the order, reside at premises approved by a probation officer;\n> > > \n> > > > (e) a condition that the offender must, during the operational period of the order, permit a police officer to enter the premises at which the offender resides;\n> > > \n> > > > (f) a condition that the offender must, during the operational period of the order, permit a police officer to –\n> > > > \n> > > > > > (i) conduct a search of the premises at which the offender resides; and\n> > > > > \n> > > > > > (ii) conduct a frisk search, within the meaning of the [Search Warrants Act 1997](/view/html/inforce/2026-04-12/act-1997-034) , of the offender, at the premises at which the offender resides or at any other place or premises; and\n> > > > > \n> > > > > > (iii) take a sample of a substance found on the premises at which the offender resides or on the person of the offender;\n> > > \n> > > > (g) a condition that the offender must comply with any reasonable and lawful directions of a police officer, probation officer or prescribed officer, including any directions as to the kind of employment, or the place of employment, of the offender;\n> > > \n> > > > (h) a condition that the offender must, during the operational period of the order, if directed by a probation officer to engage in a personal development activity, counselling or treatment, engage in the activity, counselling, or treatment, in accordance with any directions given by the probation officer;\n> > > \n> > > > (i) a condition that the offender must not leave the State except with the approval of the DCS;\n> > > \n> > > > (j) a condition that the offender must, during the operational period of the order, submit to the supervision of a probation officer or prescribed officer as required by the probation officer or prescribed officer.\n> \n> > (2)  The Supreme Court may specify any one or more of the following conditions in an HRO order, or an interim HRO order, in relation to an offender:\n> > \n> > > > (a) a condition that the offender must, during the operational period of the order, during the times, specified in the order, of the days of the week specified in the order, be at premises approved by a probation officer, except if the offender is not, for a relevant reason, at the premises;\n> > > \n> > > > (b) a condition that the offender must, during all of the operational period of the order or such periods, within the operational period, as are determined from time to time by the Supreme Court, submit to electronic monitoring, including by wearing or carrying an electronic device;\n> > > \n> > > > (c) a condition that if the offender is, in accordance with [paragraph (b)](#GS38@Gs2@Hpb@EN) , required to submit to electronic monitoring –\n> > > > \n> > > > > > (i) the offender must not remove, tamper with, damage or disable any device used for the purpose of the electronic monitoring; and\n> > > > > \n> > > > > > (ii) the offender must comply with all reasonable and lawful directions given to the offender in relation to the electronic monitoring;\n> > > \n> > > > (d) if the order is subject to a condition under [paragraph (f)](#GS38@Gs2@Hpf@EN) or [(g)](#GS38@Gs2@Hpg@EN) , a condition that the offender must, during the operational period of the order, when directed to do so by a police officer, probation officer or prescribed officer, submit to a breath test, urine test, or other test, for the presence of alcohol, an illicit drug or medication;\n> > > \n> > > > (e) a condition that the offender must, during the operational period of the order, appear before the Court at the places, days and times, that the Court specifies in the order;\n> > > \n> > > > (f) a condition that the offender must, during the operational period of the order, take medication as required by a psychiatrist or a medical practitioner or by another person specified by the Court;\n> > > \n> > > > (g) a condition that the offender must not, during the operational period of the order –\n> > > > \n> > > > > > (i) consume alcohol or an illicit drug; or\n> > > > > \n> > > > > > (ii) possess, use or administer, including self-administer, a substance included in Schedule 1 to the [Misuse of Drugs Act 2001](/view/html/inforce/2026-04-12/act-2001-094) or in a manner that would be unlawful under the [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) ;\n> > > \n> > > > (h) a condition that the offender –\n> > > > \n> > > > > > (i) must permit a police officer to access any computer, mobile telephone or other device that is at the premises at which the offender resides or is in the possession of the offender; and\n> > > > > \n> > > > > > (ii) must provide to a police officer, on demand, any electronic password required to access information, including any record of any website browsing history, stored on such a computer, mobile telephone or other device;\n> > > \n> > > > (i) a condition that the offender must comply with requirements, specified in the order, about access to and use of the internet;\n> > > \n> > > > (j) a condition that the offender must periodically report to a police officer or prescribed officer and provide to the officer information in relation to the conditions of the order and the address of the premises at which the offender resides;\n> > > \n> > > > (k) a condition that could be imposed on the offender if the offender were a reportable offender within the meaning of the [Community Protection (Offender Reporting) Act 2005](/view/html/inforce/2026-04-12/act-2005-061) ;\n> > > \n> > > > (l) a condition that the offender must not change his or her name;\n> > > \n> > > > (m) a condition that the offender must not reside in or visit specified locations or classes of locations;\n> > > \n> > > > (n) a condition that the offender must not associate or make contact with persons specified in the order or persons within a class of persons that is specified in the order;\n> > > \n> > > > (o) a condition that the offender must not engage in conduct that is specified in the order or conduct that is within a class of conduct that is specified in the order;\n> > > \n> > > > (p) a condition that the offender must not engage in employment specified in the order or employment that is within a class of employment specified in the order;\n> > > \n> > > > (q) a condition that the offender must provide, to a police officer, probation officer or prescribed officer, information requested by the officer in relation to any employment or financial affairs of the offender;\n> > > \n> > > > (r) any other condition that the Court thinks fit.\n> \n> > (3)  For the purposes of [subsection (2)(a)](#GS38@Gs2@Hpa@EN) , an offender is, for a relevant reason, not at premises approved by a probation officer if the offender is not at premises approved by a probation officer –\n> > \n> > > > (a) because the offender is travelling to or from, or is at, premises at which the offender is seeking urgent medical treatment or dental treatment; or\n> > > \n> > > > (b) because it is necessary not to be on the premises in order to avoid, or minimise a serious risk of, the death of, or injury to, the offender or another person; or\n> > > \n> > > > (c) with the approval, of a probation officer, given –\n> > > > \n> > > > > > (i) so as to enable the offender to comply with a condition of the order; or\n> > > > > \n> > > > > > (ii) so as to enable the offender to seek or engage in employment; or\n> > > > > \n> > > > > > (iii) so as to enable the offender to attend an educational or training course or activity; or\n> > > > > \n> > > > > > (iv) so as to enable the offender to attend a rehabilitative or re-integrative activity or program; or\n> > > > > \n> > > > > > (v) so as to enable the offender to attend a court; or\n> > > > > \n> > > > > > (vi) for any other purpose approved by the probation officer.","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Operational period of HRO orders","content":"### 39 Operational period of HRO orders\n\n> > (1)  The Supreme Court must, when it imposes an HRO order, or an interim HRO order, on an offender, specify the period of the order (the ***operational period***).\n> \n> > (2)  The operational period –\n> > \n> > > > (a) of an HRO order may not be specified to be more than 5 years; or\n> > > \n> > > > (b) of an interim HRO order may not be specified to be less than 3 months or more than 6 months, unless the Supreme Court considers that a longer operational period is warranted.\n> \n> > (3)  The operational period of an HRO order, or an interim HRO order, in relation to an offender commences on whichever of the following days is the later:\n> > \n> > > > (a) the day on which the order is made;\n> > > \n> > > > (b) [*\\[Section 39 Subsection (3) amended by No. 23 of 2025, s. 6, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS6@Hpa@EN) the day to which the commencement of the order is deferred under [section 35(4)(b)](#GS35@Gs4@Hpb@EN) or [section 37(2)(b)](#GS37@Gs2@Hpb@EN) ;\n> > > \n> > > > (c) the day on which the offender ceases to be in custody;\n> > > \n> > > > (d) the day on which the offender ceases under [section 15(1)](#GS15@Gs1@EN) to be subject to a declaration under [section 7(1)](#GS7@Gs1@EN) ;\n> > > \n> > > > (e) the day on which the offender ceases to be subject to another HRO order or interim HRO order.\n> \n> > (4)  An HRO order, or an interim HRO order, in relation to an offender remains in force until –\n> > \n> > > > (a) the operational period expires; or\n> > > \n> > > > (b) the order is cancelled under this Act; or\n> > > \n> > > > (c) a declaration is made under [section 7(1)](#GS7@Gs1@EN) in relation to the offender –\n> > \n> > whichever occurs first.\n> \n> > (5)  If an interim HRO order is suspended for a period, the operational period is extended by the period.\n> \n> > (5A)  [*\\[Section 39 Subsection (5A) inserted by No. 23 of 2025, s. 6, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS6@Hpb@EN) If an HRO order is suspended for a period, the operational period is not extended.\n> \n> > (6)  An HRO order, or an interim HRO order, in relation to an offender, and the offender’s obligations under the order, are suspended during any period, after the operational period begins, in which the offender is in lawful custody, whether under this Act or any other law.\n> \n> > (7)  Nothing in this section prevents the Supreme Court from making a second or subsequent HRO order, or an interim HRO order, in relation to an offender.\n> \n> > (8)  Despite [subsection (7)](#GS39@Gs7@EN) , the Supreme Court may not make a consecutive interim HRO order in relation to an offender, if the total period of all consecutive interim HRO orders in relation to the offender would be more than 6 months or a longer period determined by the Court.\n> \n> > (9)  A day, or a part of a day, on which an interim HRO order is suspended does not count in the calculation of a period that applies in relation to an offender under [subsection (8)](#GS39@Gs8@EN) .","sortOrder":49},{"sectionNumber":"Division 5","sectionType":"division","heading":"Variation, cancellation and breach of HRO orders and interim HRO orders","content":"## Division 5 Variation, cancellation and breach of HRO orders and interim HRO orders","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Application to vary or cancel HRO order or interim HRO order","content":"### 40 Application to vary or cancel HRO order or interim HRO order\n\n> > (1)  An offender who is subject to an HRO order or an interim HRO order, or the DPP, may apply to the Supreme Court for the order to be varied or cancelled.\n> \n> > (2)  A copy of the application and notification of the time and place of the hearing of the application is to be served, within 7 days after the application is made, on –\n> > \n> > > > (a) the offender, if the applicant is the DPP; or\n> > > \n> > > > (b) the DPP, if the application is made by the offender.\n> \n> > (3)  Despite [subsection (2)](#GS40@Gs2@EN) , if –\n> > \n> > > > (a) the offender to whom an application relates, and the DPP, consent to it; or\n> > > \n> > > > (b) the Supreme Court considers it appropriate to do so in the circumstances –\n> > \n> > the Supreme Court may hear and determine an application at any time before the expiration of the 7-day period after the application is served as required by [subsection (2)](#GS40@Gs2@EN) or without such service having been effected.\n> \n> > (4)  If the offender to whom the application relates is before the Supreme Court and the Supreme Court is unable to immediately deal with the application, the Supreme Court may adjourn the proceedings and, if the offender is in custody, either grant the offender bail or remand the offender in custody.\n> \n> > (5)  Subject to [subsection (6)](#GS40@Gs6@EN) , at the hearing of the application, the Supreme Court may –\n> > \n> > > > (a) vary the HRO order, or the interim HRO order, by doing any one or more of the following:\n> > > > \n> > > > > > (i) adding a condition to the order;\n> > > > > \n> > > > > > (ii) removing or altering a condition of the order;\n> > > > > \n> > > > > > (iii) altering, subject to [section 39(8)](#GS39@Gs8@EN) , the operational period of the order;\n> > > > > \n> > > > > > (iv) specifying or altering a period specified in the order; or\n> > > \n> > > > (b) cancel the HRO order or interim HRO order; or\n> > > \n> > > > (c) refuse to vary or cancel the HRO order or the interim HRO order.\n> \n> > (6)  The Supreme Court may, under [subsection (5)](#GS40@Gs5@EN) , vary or cancel an HRO order, or an interim HRO order, to which an application relates, whether or not the application was to vary or cancel the order.\n> \n> > (7)  The Supreme Court must not vary or cancel the HRO order, or the interim HRO order, under [subsection (5)](#GS40@Gs5@EN) unless the Court is satisfied that –\n> > \n> > > > (a) changes in the offender's circumstances since the making of the order have rendered the offender unable to comply with any one or more of the conditions of the order; or\n> > > \n> > > > (b) it is otherwise appropriate to do so.","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Breach of HRO order or interim HRO order","content":"### 41 Breach of HRO order or interim HRO order\n\n> > (1)  A person in respect of whom an HRO order, or an interim HRO order, is made must not contravene a condition of the order.\n> > \n> > Penalty:  Fine not exceeding 40 penalty units or imprisonment for a term of 2 years, or both.\n> \n> > (2)  Proceedings for an offence against [subsection (1)](#GS41@Gs1@EN) are to be dealt with in a court of petty sessions.","sortOrder":52},{"sectionNumber":"42","sectionType":"section","heading":"Arrest for failure to appear at certain applications or for breach or suspected breach of HRO order","content":"### 42 Arrest for failure to appear at certain applications or for breach or suspected breach of HRO order\n\n> > (1)  The Supreme Court may issue a warrant to arrest an offender if –\n> > \n> > > > (a) an application in relation to an offender is made or adjourned under this Part; and\n> > > \n> > > > (b) the application was not made by or on behalf of the offender; and\n> > > \n> > > > (c) either –\n> > > > \n> > > > > > (i) the offender fails to appear at the hearing of the application; or\n> > > > > \n> > > > > > (ii) reasonable efforts have been made to serve the application on the offender but have been unsuccessful.\n> \n> > (2)  Without limiting the generality of [subsection (1)(c)(ii)](#GS42@Gs1@Hpc@Hqii@EN) , reasonable efforts are to be taken to have been made to serve the application on an offender to whom an HRO order, or an interim HRO order, relates if a copy of the application is, during the operational period of the order, left at the premises which the person who made the application believes to be the premises at which the offender resides or was last known to reside.\n> \n> > (3)  If an offender to whom an HRO order, or an interim HRO order, relates is arrested under [subsection (1)](#GS42@Gs1@EN)  –\n> > \n> > > > (a) the offender is, as soon as practicable, to be brought before the Supreme Court; and\n> > > \n> > > > (b) the Supreme Court may remand the offender in custody, or on bail, to appear before the Court at a time specified by the Court for the Court to determine the application made to the Court under this Part.\n> \n> > (4)  A police officer who believes on reasonable grounds that the offender has breached, is breaching, or is about to breach, a condition of an HRO order, or an interim HRO order, may, for the purposes of making an arrest under [subsection (5)](#GS42@Gs5@EN) , enter and search any premises, motor vehicle, aircraft, or vessel, where the officer reasonably suspects the offender to be present.\n> \n> > (5)  A police officer may arrest an offender to whom an HRO order, or an interim HRO order, relates if the police officer believes on reasonable grounds that the offender has breached, is breaching, or is about to breach, a condition of the order.","sortOrder":53},{"sectionNumber":"Division 6","sectionType":"division","heading":"Appeal","content":"## Division 6 Appeal","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Appeal","content":"### 43 Appeal\n\n> > (1)  An appeal to the Court of Criminal Appeal by the DPP or the offender lies from any determination of the Supreme Court –\n> > \n> > > > (a) to make, or refuse to make, an HRO order, or an interim HRO order, in relation to an offender; or\n> > > \n> > > > (b) to impose conditions on an HRO order, or an interim HRO order, in relation to an offender.\n> \n> > (2)  An appeal against the decision of the Supreme Court may be made, as of right, within 14 days of the day on which the decision was made, or, by leave of the Court of Criminal Appeal, within a longer period allowed by the Court of Criminal Appeal.\n> \n> > (3)  The making of an appeal does not stay the operation of an HRO order or an interim HRO order.\n> \n> > (4)  Without limiting the jurisdiction of the Court of Criminal Appeal, if the Court of Criminal Appeal remits a matter to the Supreme Court for decision after an appeal is made, the Court of Criminal Appeal may make, under [section 37](#GS37@EN) , an interim HRO order that is to be in force for a period, specified in the order, of not more than 28 days or a longer period allowed by the Court of Criminal Appeal.\n> \n> > (5)  The Court of Criminal Appeal may, in accordance with [subsection (4)](#GS43@Gs4@EN) , make under [section 37](#GS37@EN) more than one interim HRO order, but only if the combined period during which any interim HRO orders made by the Court of Criminal Appeal pursuant to the appeal, or that are made by the Supreme Court and are an order to which the appeal relates, do not exceed a total of 3 months or a longer period determined by the Court of Criminal Appeal.\n> \n> > (6)  If the Court of Criminal Appeal remits a matter to the Supreme Court for decision after an appeal is made, the HRO order, or the interim HRO order, continues in force, subject to any order made by the Court of Criminal Appeal.\n> \n> > (7)  This section does not limit any right of appeal that may exist apart from this section.","sortOrder":55},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":56},{"sectionNumber":"44","sectionType":"section","heading":"Proceedings","content":"### 44 Proceedings\n\n> Proceedings under this Act (including proceedings on an appeal against this Act) are criminal proceedings.","sortOrder":57},{"sectionNumber":"45","sectionType":"section","heading":"Protection from liability","content":"### 45 Protection from liability\n\n> No liability attaches to a person for any act or omission in good faith and in the performance or exercise, or the purported performance or exercise, of the person’s functions or powers under this Act.","sortOrder":58},{"sectionNumber":"46","sectionType":"section","heading":"Information sharing","content":"### 46 Information sharing\n\n> A person who is a personal information custodian within the meaning of the [Personal Information Protection Act 2004](/view/html/inforce/2026-04-12/act-2004-046) is not taken to contravene that Act by reason only of collecting, using, disclosing, or otherwise dealing with, personal information, for the purposes of this Act.","sortOrder":59},{"sectionNumber":"47","sectionType":"section","heading":"Disclosure of compliance information","content":"### 47 Disclosure of compliance information\n\n> > (1)  In this section –\n> > \n> > > ***compliance information*** means information about an offender's compliance with the conditions of any order made under this Act or another Act;\n> > \n> > > ***relevant officer*** means a court diversion officer, or case manager, appointed under the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .\n> \n> > (2)  A judge, magistrate or relevant officer may request any person involved in the treatment or supervision of the offender to disclose any compliance information in the person's possession and the person must comply with that request.\n> \n> > (3)  [Subsection (2)](#GS47@Gs2@EN) has effect despite the [Personal Information Protection Act 2004](/view/html/inforce/2026-04-12/act-2004-046) or any legislation relating to the confidentiality or privacy of information.\n> \n> > (4)  If a person discloses compliance information in good faith under this section –\n> > \n> > > > (a) the person does not, by reason of that disclosure, incur any criminal, civil or administrative liability; and\n> > > \n> > > > (b) the person is not, by reason of that disclosure –\n> > > > \n> > > > > > (i) taken to have breached any rule of law or practice that would otherwise prohibit the person from disclosing the compliance information; or\n> > > > > \n> > > > > > (ii) taken to have broken any professional or other oath, or breached any professional or other code, standard or guideline of ethics or etiquette, that might otherwise bar the person from, or condemn the person for, disclosing the compliance information; or\n> > > > > \n> > > > > > (iii) liable to condemnation or disciplinary action by any professional body or other person.","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Regulations","content":"### 48 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (3)  The regulations may –\n> > \n> > > > (a) provide that a contravention of any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.\n> \n> > (4)  The regulations may –\n> > \n> > > > (a) include provisions of a savings or transitional nature consequent on the enactment of this Act or the making of any regulations under this Act; and\n> > > \n> > > > (b) provide for any of those savings or transitional provisions to take effect on the day on which a provision of this Act commences or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.","sortOrder":61},{"sectionNumber":"49","sectionType":"section","heading":"Administration of Act","content":"### 49 Administration of Act\n\n> Until provision is made in respect of this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice.\n\n*\n\n**50.**   \n\n> See [Schedule 2](#JS2@EN) .\n\n*","sortOrder":62},{"sectionNumber":"50.","sectionType":"section","heading":null,"content":"### 50.\n\n> See [Schedule 2](#JS2@EN) .","sortOrder":63},{"sectionNumber":"SCHEDULE 1 - Serious Offences","sectionType":"part","heading":"SCHEDULE 1 - Serious Offences","content":"# SCHEDULE 1 - Serious Offences SCHEDULE 1 - Serious Offences\n\n[Section 3(1)](#GS3@Gs1@EN)\n\n[*\\[Schedule 1 Amended by No. 2 of 2023, s. 17, Applied:20 Apr 2023\\]*](/view/html/inforce/2023-04-20/act-2023-002#GS17@EN) [*\\[Schedule 1 Amended by No. 23 of 2025, s. 7, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS7@Hpa@EN) [*\\[Schedule 1 Amended by No. 23 of 2025, s. 7, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS7@Hpb@EN) [*\\[Schedule 1 Amended by No. 23 of 2025, s. 7, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS7@Hpc@EN) [*\\[Schedule 1 Amended by No. 23 of 2025, s. 7, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS7@Hpd@EN) [*\\[Schedule 1 Amended by No. 23 of 2025, s. 7, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS7@Hpe@EN) [*\\[Schedule 1 Amended by No. 23 of 2025, s. 7, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS7@Hpf@EN) [*\\[Schedule 1 Amended by No. 23 of 2025, s. 7, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS7@Hpg@EN) [*\\[Schedule 1 Amended by No. 23 of 2025, s. 7, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS7@Hph@EN) [*\\[Schedule 1 Amended by No. 23 of 2025, s. 7, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-023#GS7@Hpi@EN)\n\n| 1. | Criminal Code Act 1924 |  |\n|  | Section 124 | Penetrative sexual abuse of a child [or young person] |\n|  | Section 124A | Penetrative sexual abuse of a child [or young person] by a person in a position of authority |\n|  | Section 124B | Indecent act with or directed at a child [or young person] by a person in a position of authority |\n|  | Section 124C | Indecent assault of child [or young person] by a person in a position of authority |\n|  | Section 125 | Permitting penetrative sexual abuse of a child [or young person] on premises |\n|  | Section 125A | Persistent sexual abuse of a child [or young person] |\n|  | Section 125B | Indecent act with or directed at a child [or young person] |\n|  | Section 125C(2) | Procuring a child [or young person] for penetrative sexual abuse |\n|  | Section 125C(3) | Procuring a child [or young person] for indecent act |\n|  | Section 125D(1) | Grooming with intent to procure a child [or young person] for sexual abuse |\n|  | Section 125D(3) | Grooming with intent to expose a child [or young person] to indecent material |\n|  | Section 126 | Penetrative sexual abuse of a person with a mental impairment |\n|  | Section 127 | Indecent assault |\n|  | Section 129 | Procuring a person for penetrative sexual abuse by threats [or fraud], if the person against whom the offence is committed is a child or young person |\n|  | Section 130 | Involving a person under the age of 18 years in the production of child exploitation material |\n|  | Section 130A | Producing child exploitation material |\n|  | Section 130B | Distributing child exploitation material |\n|  | Section 130C | Possessing child exploitation material |\n|  | Section 130D | Accessing child exploitation material |\n|  | Section 133(1) | Incest, if the person against whom the offence is committed is a child or young person |\n|  | Section 158 | Murder |\n|  | Section 159 | Manslaughter |\n|  | Section 167A | Causing death by dangerous driving |\n|  | Section 169 | Administering a drug with intent to facilitate the commission of an offence, if the person against whom the offence is intended to be committed is a child or young person |\n|  | Section 170 | Committing an unlawful act intended to cause bodily harm |\n|  | Section 170A | Persistent family violence |\n|  | Section 172 | Wounding [or causing grievous bodily harm] |\n|  | Section 178A | Performing female genital mutilation |\n|  | Section 185 | Rape |\n|  | Section 189 | Abduction of a young person under the age of 17 years |\n|  | Section 191(1) | Abduction of a child |\n|  | Section 191(2) | Harbouring an abducted child |\n|  | Section 191A | Kidnapping |\n|  | Section 192 | Stalking and bullying, if the person against whom the offence is committed is a child or young person |\n|  | Section 240(4) | Aggravated armed robbery |\n|  | Section 268 | Arson |\n| 2. | Sex Industry Offences Act 2005 |  |\n|  | Section 9(1) | Procuring, or otherwise causing or permitting, a child to provide sexual services in a sexual services business |\n|  | Section 9(2) | Receiving a fee or reward that a person knows, &c., is derived, directly or indirectly, from sexual services provided by a child in a sexual services business |","sortOrder":64},{"sectionNumber":"SCHEDULE 2 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 2 - Consequential Amendments","content":"# SCHEDULE 2 - Consequential Ame SCHEDULE 2 - Consequential Amendments\n\n[Section 50](#GS50@EN)\n\n> > (a) [Annulled Convictions Act 2003](/view/html/inforce/2026-04-12/act-2003-046) ;\n> \n> > (b) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ;\n> \n> > (c) [Court Security Act 2017](/view/html/inforce/2026-04-12/act-2017-034) ;\n> \n> > (d) [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) ;\n> \n> > (e) [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":65}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to serve its stated purpose — managing dangerous criminals and high risk offenders through post-sentence detention and supervision. There is no evidence in the provided text of significant scope creep beyond its original intent. However, the absence of the full operative provisions limits confidence in this assessment."},"complexity_factors":["Involves post-sentence detention, which sits at the intersection of criminal law, civil law, and human rights law — a legally complex area","Requires multi-disciplinary risk assessment processes involving psychiatric and psychological expert evidence","Contains procedural requirements for courts, corrections authorities, and the Attorney-General or Director of Public Prosecutions","Orders are time-limited but renewable, creating ongoing legal proceedings across years or decades","Must balance competing constitutional and human rights principles — liberty of the individual versus community protection","Similar legislation has been extensively litigated in Australian courts, meaning interpretation is contested and nuanced","Supervision orders impose detailed behavioural conditions requiring ongoing monitoring and enforcement","Limited text was available for analysis, meaning some complexity factors may be understated"],"plain_english_summary":"## Dangerous Criminals and High Risk Offenders Act 2021 (Tasmania)\n\n**What is this law?**\nThis is a Tasmanian law dealing with people classified as 'dangerous criminals' or 'high risk offenders' — typically people who have committed serious violent or sexual offences and are considered likely to reoffend after they are released from prison.\n\n**Who does it affect?**\n- **Offenders:** People who have served their prison sentence but are still considered a serious danger to the community. This law can keep them detained (locked up) beyond their original sentence, or place them under strict supervision after release.\n- **Victims and the general public:** The law is designed to protect the community from people judged likely to commit serious crimes again.\n- **Courts and corrections authorities:** They are responsible for applying for and deciding these extended detention or supervision orders.\n\n**What does it actually do?**\n- Allows courts to order that a dangerous offender be **kept in prison beyond their sentence end date**, or be released under **strict ongoing supervision** (such as electronic monitoring, curfews, reporting requirements, or restricted movement).\n- Requires risk assessments — usually by psychiatrists or psychologists — to determine how likely someone is to reoffend.\n- Sets out the legal process for applying for these orders, how courts assess them, and how they can be reviewed or cancelled over time.\n\n**Why does it matter?**\nThis is a significant law because it allows the state to continue restricting a person's freedom **after they have already served their court-imposed sentence**. This is a serious step in a democracy and is only used for people assessed as posing an unacceptably high risk to community safety.\n\n**Note:** The full text of the Act's operative sections was not included in the provided material — this summary is based on the Act's title, jurisdiction, and the standard framework used by similar legislation across Australia."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The text shown includes amendments and inserted provisions that broaden and refine the Act's scope compared with earlier versions. The source annotations indicate multiple later amendments that affect definitions, membership and powers: for example, the definition of \"serious offence\" was amended (see s 3(1) as amended by No. 23 of 2025, s 4); the risk assessment committee’s membership and agency list were expanded (see s 25 and s 26 annotations, amended by No. 6 of 2025 and No. 4 of 2023); an express parole‑information disclosure provision was inserted (s 32A, inserted by No. 5 of 2023, s 14); and additional short detention and warrant powers tied to HRO and interim HRO orders were added (see s 35(4)–(6) and s 37(2)–(4) as inserted or amended by No. 23 of 2025, s 5). Schedule 1 (the list of \"serious offences\") is also shown as amended by later instruments (see Schedule 1 annotations). Collectively these annotated changes extend the operational reach of the Act (information sharing, membership of coordinating bodies, and court powers to defer release and detain briefly to arrange supervision) and expand the set of offences and procedural tools available under the regime."},"complexity_factors":["Multiple interlocking procedures and timelines (dangerous declarations, review applications, pre-release orders, HRO applications, interim HROs, appeals) across Parts 2 and 3 (see s 4, s 10–16, s 13–23, s 33–39, s 43).","High evidentiary standard (\"high degree of probability\") combined with prosecutorial onus in both detention and supervision pathways (s 7(4), s 7(3), s 35(2), s 15(3)).","Extensive cross-references to other Acts and roles for multiple agencies (DPP, DCS, Chief Psychiatrist, Parole Board, various departments) requiring inter-agency coordination (s 5, s 21, s 25–26, s 31–32, s 32A).","Discretion concentrated at several decision points: risk assessment committee (s 26), DPP's decision to apply (s 30), and Supreme Court’s broad powers to impose and vary conditions (s 35, s 36, s 40).","Operational complexity in evidence production: clinical and behavioural reports are mandatory in many steps and must meet strict timing rules before hearings (s 5, s 11, s 27, s 29, s 34(3)).","Wide range of potential HRO conditions, some technologically intrusive (electronic monitoring, device access, internet controls) and others operationally demanding (approved residence, employment controls) (s 38).","Information‑sharing and confidentiality exceptions, including explicit overrides for parole disclosures and privacy laws, add legal and procedural complexity (s 32, s 32A, s 46).","Multiple appeal pathways with short timeframes and potential for interim orders during appeals, requiring coordinated case and custody management (s 19, s 23, s 43)."],"plain_english_summary":"What this law does (mechanics)\n\n- Creates two linked regimes for dealing with people convicted of violent or particularly serious crimes: (1) a \"dangerous criminal\" declaration process (Part 2) that can result in a person being kept in custody until a declaration is discharged (see sections 4, 7 and 9); and (2) a system of \"high risk offender\" (HRO) orders (Part 3) that lets the Supreme Court impose court-ordered supervision and conditions in the community for fixed periods (see sections 33–39).\n\n- Who starts court action and who decides: the Director of Public Prosecutions (DPP) may apply to the Supreme Court to obtain a dangerous criminal declaration (s 4) or an HRO order (s 33). The Supreme Court decides whether to make those orders (s 7, s 35). The DPP bears the legal onus of proof in both regimes (s 7(3), s 15(3); s 35(2) and related provisions require the Court to be satisfied to a high degree of probability).\n\n- Evidence, reports and assessments: courts may order behavioural, medical and psychiatric reports from agencies and practitioners (s 5, s 11, s 34(2)). Part 3 sets up a risk assessment committee to arrange behavioural and management reports and to commission clinical risk assessments by psychiatrists, psychologists or medical practitioners (s 26–29). Copies of those reports must be given to the DPP (s 27(4), s 29(5)).\n\n- Pre-release and transitional arrangements: while a review of a dangerous-criminal declaration is pending, the Supreme Court must consider or make a pre-release order setting conditions to be met before release (s 13–21). Where a declaration is discharged but an HRO application is pending, the Court can keep a person in custody until the HRO decision (s 18).\n\n- HRO content and enforcement: an HRO or interim HRO order must include specified baseline conditions (e.g. reporting to a probation officer; approved residence; no further imprisonable offence) and may include a broad set of additional conditions such as electronic monitoring, drug/alcohol testing, medication requirements, searches, access to devices and internet limits, restrictions on name changes, movement or employment (s 38). Breaching an HRO condition is a criminal offence (s 41) dealt with in a court of petty sessions and carries a penalty up to 40 penalty units or 2 years imprisonment (s 41(1)).\n\n- Time limits and review: HRO orders have an operational period (max 5 years) and interim HRO orders are limited to 3–6 months unless the Court allows longer (s 39). Dangerous-criminal declarations may be reviewed by the DPP or, in exceptional circumstances with leave, by the offender; timing and periodic review requirements are set out (s 10–16). Appeals to the Court of Criminal Appeal are available on 14‑day timelines for many decisions (s 19, s 23, s 43).\n\n- Information sharing and agency cooperation: the Act establishes a duty for specified State agencies to cooperate and share information for risk assessment and management (s 25, s 26(4), s 31–32). A new disclosure power requires the DPP to notify the Parole Board when someone is a \"relevant offender\" and permits the Parole Board to disclose certain confidential parole information to the DPP (s 32A). The Act also clarifies that personal information custodians are not taken to breach the Personal Information Protection Act solely by sharing information for the purposes of this Act (s 46).\n\n- Administration, protections and regulation: proceedings under the Act are criminal proceedings (s 44). People acting in good faith under the Act are protected from liability (s 45). The Governor may make regulations (s 48), and until administrative arrangements are made the Minister for Justice administers the Act (s 49).\n\nWhy it matters (official aim and how it works in practice)\n\n- The Act makes public-safety risk the primary legal consideration for court decisions about imposing or continuing restraints on people who have committed violent or otherwise specified \"serious\" offences (compare the explicit statement that community safety is the paramount consideration at s 36(1) and the Court’s requirement to be satisfied to a high degree of probability at s 7(4) and s 35(2)).\n\n- The Act concentrates decision-making authority in three places: (a) the DPP (who decides whether to apply under s 4 and s 33 and has the onus of proof at s 7(3) and s 15(3)); (b) the Supreme Court (which makes declarations, HRO orders, pre-release orders, and variations — see s 7, s 13, s 35, s 40); and (c) the risk assessment committee and its chair (who commission and coordinate clinical and behavioural risk assessments — s 26–29). Those actors trigger and shape the legal restraints that will apply to an individual.\n\nTrade-offs, costs, incentives and implementation risks (source‑grounded observations)\n\n- Who pays and resource burden: the State agencies named in the Act (DCS, health agencies, Chief Psychiatrist, the Department and other \"relevant agencies\") must prepare reports, carry out assessments, provide programs and implement supervision and monitoring (see s 5(1)(a),(b); s 21(1)–(3); s 27(1)–(3); s 34(2)). Those activities will consume agency staff time, clinical resources and operational capacity. The Act requires DCS to give offenders \"reasonable opportunities\" to participate in programs where ordered (s 21(3)(a)), which is an operational obligation on corrections authorities.\n\n- Costs and equipment for monitoring: the Court may impose electronic monitoring (s 38(2)(b),(c)), and may require testing and searches (s 38(2)(d), (f)). The Act does not specify who pays for devices or monitoring, but imposing such conditions creates additional operational costs for agencies that supervise compliance.\n\n- Compliance burden on individuals: persons subject to HRO or interim HRO orders face detailed behavioural constraints (reporting, residence, searches, device access, internet controls, employment restrictions, medication, etc.; see s 38(1) and s 38(2)). Non‑compliance is a criminal offence with statutory penalties (s 41(1)).\n\n- Bureaucratic discretion and information flows: the risk assessment committee has broad powers to commission assessments and to coordinate agencies (s 26(4)). Agencies must cooperate and may enter protocols to exchange information without consent where reasonably necessary for performance of functions under the Act (s 31–32). Section 32A requires the DPP to inform the Parole Board when a person is a \"relevant offender\" and allows the Parole Board to disclose certain confidential parole information to the DPP (s 32A(2)–(3)). Those provisions create discretionary decision points (which agency shares what, and when) and change normal confidentiality constraints (s 46 and s 32A(4)).\n\n- Timing and procedural complexity: the Act sets short appeal windows (generally 14 days — s 19, s 23, s 43) and strict deadlines for courts to obtain reports before hearings (e.g. s 34(3) requires reports no later than 14 days before hearing). Those timing rules create practical constraints on report preparation and court scheduling.\n\n- Risk of delayed release where orders overlap: the Court may defer release where HRO or pre-release proceedings are outstanding (s 18). The Court may also detain a person up to 7 days to enable arrangements for supervision when making HRO or interim HRO orders (s 35(4), s 37(2)). These mechanisms can extend custodial time beyond the underlying sentence while administrative or legal processes conclude.\n\n- Effects on private choice and employment: the Court may direct the kind or place of employment or forbid certain employment (s 38(1)(g); s 38(2)(p)); it may also require disclosure of employment/financial information (s 38(2)(q)). Those conditions limit an individual’s freedom to choose employment and to vary their name (s 38(2)(l)).\n\n- Judicial standard and evidentiary tests: the Court must be satisfied to a \"high degree of probability\" before confining a person indefinitely as a \"dangerous criminal\" (s 7(4)) and similarly for making an HRO order (s 35(2)). The DPP has the onus to prove the required risk in both paths (s 7(3); s 15(3); s 35(2)). The Act nonetheless recognises a range of mitigation options and whether risk can be managed by conditions rather than custody (s 15(2)(i); s 36(2)(e),(i)).\n\n- Centralisation of benefits and burdens: operational powers (reporting, monitoring, detention, information sharing) concentrate practical burdens on corrections, health, police and prosecutorial agencies; the burdens of compliance and the penalties fall on the individual subject to an order (s 27; s 38; s 41).\n\nKey practical points to note (with section references)\n\n- DPP initiates both dangerous declaration and HRO processes (s 4; s 33); the DPP also decides whether to apply after receiving risk reports (s 30).\n- The risk assessment committee commissions clinical risk assessments (s 26–29) and must be provided with behavioural and management reports prepared by correctional and other agencies (s 27(1)–(4)).\n- Courts may require reports from the Chief Psychiatrist or other clinicians before hearings (s 5(1)(b); s 11(1)(b); s 34(2)(a)).\n- Pre-release orders set conditions to be met before release while review is pending (s 13–21); those reports must be shared with the DPP and offender (s 20(3)).\n- HRO orders can impose broad intrusive conditions (searches, device access, electronic monitoring, drug testing, medication, restrictions on movement or employment) and non‑compliance is criminalised (s 38; s 41).\n- The Act authorises information sharing between relevant agencies and creates an express exception to privacy limits for Act‑purpose disclosures (s 31–32; s 46; s 32A).\n\nOverall, this Act sets out procedural and substantive mechanisms for courts and prosecuting authorities to: (a) seek to keep some offenders in custody indefinitely after conviction where the Court finds a high probability they remain a serious danger (Part 2); and (b) subject other sentenced or post‑custody offenders to court‑ordered supervision and conditions in the community for fixed periods, backed by criminal penalties for breach and supported by an inter‑agency assessment and information‑sharing architecture (Part 3). The Act allocates operational duties to corrections, health and policing agencies (s 21, s 27, s 31–32), gives the DPP the initiative and burden of proof (s 7(3), s 15(3), s 30), and vests the Supreme Court with wide decision and variation powers (s 7, s 13, s 35, s 40)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3038},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"While the core framework (dangerous criminal declarations and HRO orders) remains as originally enacted in 2021, subsequent amendments have expanded the Act's operational scope. Notably, amendments in 2023 inserted section 32A, creating a mandatory disclosure regime between the Parole Board and the DPP regarding parole applications by relevant offenders. Amendments in 2025 (s35(4)-(6)) added specific powers for the Supreme Court to order detention for up to 7 days to arrange HRO supervision, and clarified that suspension does not extend HRO operational periods (s39(5A)). These changes have shifted the Act from a purely post-sentence supervision scheme to one that increasingly governs the transition period between custody and release, with enhanced information-sharing mechanisms."},"complexity_factors":["**Dense defined terms:** Section 3 contains over 20 defined terms, including nested definitions (e.g., \"relevant custodial sentence\" has three alternative paragraphs, and \"declaration\" encompasses three different instruments).","**Extensive cross-referencing:** The Act constantly refers to other Tasmanian legislation (Criminal Code, Sentencing Act 1997, Corrections Act 1997, Mental Health Act 2013, Family Violence Act 2004, etc.), requiring knowledge of those statutes to fully interpret this one.","**Multi-layered conditional logic:** Key provisions (e.g., s7(1) declaration criteria, s33(2) application timing, s39(3) commencement dates) use nested subparagraphs (i, ii, iii) with multiple qualifiers (\"whether or not\", \"irrespective of when\").","**Interlocking procedural regimes:** Part 2 (Dangerous Criminals) and Part 3 (High Risk Offenders) interact at multiple points (e.g., s18 allows HRO applications when dangerous criminal declarations are discharged; s36(2)(e) requires courts to consider dangerous criminal status when making HRO orders).","**Temporal complexity:** The Act manages multiple overlapping time periods — original sentences, parole eligibility, pre-release order periods (max 12-15 months), HRO operational periods (max 5 years), interim orders (3-6 months), and 3-yearly review cycles — with specific rules about suspension and extension (s39(5) vs (5A)).","**Information sharing mechanisms:** Division 2 of Part 3 establishes complex protocols for information exchange between agencies (s31-s32A) that override standard privacy laws but impose specific duties to cooperate and disclose."],"plain_english_summary":"### What this law does\n\nThis is a **Tasmanian law** that allows the courts to keep certain offenders in prison beyond their original sentence, or under strict supervision after release, if they are deemed a serious danger to the community. It creates two separate but related schemes for managing high-risk offenders.\n\n### The two main schemes\n\n**1. Dangerous Criminals (Indefinite Detention)**\n- **Who it applies to:** Offenders convicted of violent crimes (involving violence or the threat of violence) who the Supreme Court declares to be a \"dangerous criminal.\"\n- **What happens:** The offender can be held in prison **indefinitely** until the court is satisfied (to a high degree of probability) that they are no longer a serious danger to the community. This overrides their original sentence expiry date.\n- **Reviews:** The Director of Public Prosecutions (DPP — the chief public prosecutor) must apply to review the declaration every 3 years. The offender can also apply for a review, but only in \"exceptional circumstances.\"\n- **Pre-release orders:** Before a declaration is lifted, the court can order the offender to complete rehabilitation programs, report regularly, or live in specific accommodation as a test of whether they can safely return to the community.\n\n**2. High Risk Offender (HRO) Orders (Supervision after Release)**\n- **Who it applies to:** Offenders convicted of \"serious offences\" (listed in Schedule 1 — mainly serious sexual offences, murder, manslaughter, and aggravated armed robbery) who are assessed as likely to reoffend unless supervised.\n- **What happens:** Before the person is released from prison, or when an existing supervision order is about to expire, the DPP can apply for an **HRO order**. This imposes strict conditions on the offender for up to 5 years after release.\n- **Conditions can include:**\n  - Electronic monitoring (wearing a tracking device)\n  - Curfews (being at approved premises at specific times)\n  - Regular reporting to probation officers and police\n  - Drug and alcohol testing\n  - Bans on using the internet or changing names\n  - Allowing police to search their home or devices without a warrant\n  - Taking prescribed medication\n- **Interim orders:** If an offender is about to be released before a final decision is made, the court can make an interim (temporary) order to keep them detained or supervised for up to 6 months (or longer in exceptional cases).\n\n### How decisions are made\n\n- **Risk Assessment Committee:** A multi-agency committee (including representatives from Justice, Health, Police, and Psychiatry) coordinates assessments and information sharing about offenders.\n- **Expert reports:** Before the court decides, psychiatrists, psychologists, or medical practitioners must assess the offender's risk of reoffending.\n- **Standard of proof:** The DPP must prove the offender is a serious danger to a \"high degree of probability\" (a higher standard than the usual balance of probabilities).\n- **Appeals:** Both the DPP and the offender can appeal decisions to the Court of Criminal Appeal.\n\n### Why it matters\n\nThis law prioritises **community safety** over an offender's right to be released at the end of their sentence. It allows for preventive detention and intensive post-release monitoring. However, it also includes safeguards like regular reviews, expert risk assessments, and the ability for offenders to challenge their status. It represents a balance between protecting the public and attempting to rehabilitate high-risk individuals through structured supervision."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information / Currency of version","severity":"low","reasoning":"The currency start date of 27 November 2025 predates the stated last modification date of 8 December 2025. If the file was substantively modified on 8 December 2025, the current version should logically commence from that date. This suggests either the currency date or the modification date is erroneous, creating an internally inconsistent record of the legislative instrument's history.","confidence":0.65,"description":"The legislation states it is 'Version current from 27 November 2025 to date (accessed 1 April 2026 at 23:08)' while also stating the 'File last modified 8 December 2025'. This creates a temporal inconsistency: if the file was last modified on 8 December 2025, the version currency should logically begin from that date, not 27 November 2025."},{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"The self-description as current 'to date' combined with the update lag disclaimer creates a soft impossibility: the document cannot simultaneously guarantee currency and acknowledge potential 3-working-day update delays. Any amendment enacted between the last modification date and the access date could render the 'current' designation misleading without technically breaching the disclaimer.","confidence":0.55,"description":"The document was accessed on 1 April 2026 and describes itself as current 'to date', yet the legislation's own authorisation infrastructure (file last modified 8 December 2025) suggests no updates have occurred in approximately four months. The site's own metadata states updates usually occur 'within 3 working days after a change', implying this version may not reflect any intervening amendments — yet it holds itself out as definitively current."}],"contradictions":[{"severity":"low","section_a":"Status Information — 'Version current from 27 November 2025'","section_b":"Authorisation — 'File last modified 8 December 2025'","confidence":0.7,"description":"The stated version commencement date (27 November 2025) precedes the file's own last modification date (8 December 2025). A version cannot logically be considered to have commenced in its current form before it was last modified into that form. These two metadata statements are mutually inconsistent."}]}},"importantCases":[],"_links":{"self":"/api/acts/dangerous-criminals-and-high-risk-offenders-act-2021","history":"/api/acts/dangerous-criminals-and-high-risk-offenders-act-2021/history","analysis":"/api/acts/dangerous-criminals-and-high-risk-offenders-act-2021/analysis","conflicts":"/api/acts/dangerous-criminals-and-high-risk-offenders-act-2021/conflicts","importantCases":"/api/acts/dangerous-criminals-and-high-risk-offenders-act-2021/important-cases","documents":"/api/acts/dangerous-criminals-and-high-risk-offenders-act-2021/documents"}}