{"id":"qld:act-2003-040","name":"Dangerous Prisoners (Sexual Offenders) Act 2003","slug":"dangerous-prisoners-sexual-offenders-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"40 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":53606,"registerId":"qld-act-2003-040-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Dangerous Prisoners (Sexual Offenders) Act 2003 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 2 amd 2020 No. 15 s 61","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Objects of this Act","content":"### sec.3 Objects of this Act\n\nThe objects of this Act are—\nto provide for the continued detention in custody or supervised release of a particular class of prisoner to ensure adequate protection of the community; and\nto provide continuing control, care or treatment of a particular class of prisoner to facilitate their rehabilitation.\n- (a) to provide for the continued detention in custody or supervised release of a particular class of prisoner to ensure adequate protection of the community; and\n- (b) to provide continuing control, care or treatment of a particular class of prisoner to facilitate their rehabilitation.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Relationship with Bail Act","content":"### sec.4 Relationship with Bail Act\n\nThe Bail Act 1980 does not apply to a person detained under this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Continuing detention or supervision","content":"# Continuing detention or supervision","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Application for orders","content":"## Application for orders","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Attorney-General may apply for orders","content":"### sec.5 Attorney-General may apply for orders\n\nThe Attorney-General may apply to the court for an order or orders under section 8 and a division 3 order in relation to a prisoner.\nThe application must—\nstate the orders sought; and\nbe accompanied by any affidavits to be relied on by the Attorney-General for the purpose of seeking an order or orders under section 8 ; and\nbe made during the last 6 months of the prisoner’s period of imprisonment.\nOn the filing of the application, the registrar must record a return date for the matter to come before the court for a hearing ( preliminary hearing ) to decide whether the court is satisfied that there are reasonable grounds for believing the prisoner is a serious danger to the community in the absence of a division 3 order.\nThe return date for the preliminary hearing must be within 28 business days after the filing.\nA copy of the application and any affidavit to be relied on by the Attorney-General must be given to the prisoner within 2 business days after the filing.\nIn this section—\nparole order means—\na parole order under the Corrective Services Act 2006 ; or\na statutory parole order under the Youth Justice Act 1992 .\nperiod of imprisonment includes—\na period of detention mentioned in the definition prisoner , paragraph (b) ; and\na term of imprisonment a person is liable to serve as mentioned in the definition prisoner , paragraph (c) (iii) ; and\na period a person is kept in a prison during a suspension period of a parole order as mentioned in the definition prisoner , paragraph (d) (iii) .\nprison see the Corrective Services Act 2006 , schedule 4 .\nprisoner —\nmeans a prisoner detained in custody who is serving a period of imprisonment for a serious sexual offence, or is serving a period of imprisonment that includes a term of imprisonment for a serious sexual offence, whether the person was sentenced to the term or period of imprisonment before or after the commencement of this section; and\nincludes a person who, as mentioned in the Youth Justice Act 1992 , section 135 (7) , is serving a period of detention, and is being held in custody in a corrective services facility, for a child offence that is a serious sexual offence; and\nincludes a person who—\nwas serving a period of detention, in a detention centre under the Youth Justice Act 1992 , for a serious sexual offence; and\nunder part 8 , division 2A , subdivision 1 of that Act, has been transferred to a corrective services facility and is being held in custody in the facility; and\nis liable, under section 276E of that Act, to serve a term of imprisonment for the offence equal to the period of detention the person remains liable to serve for the offence; and\nincludes a person who—\nwas serving a period of imprisonment mentioned in paragraph (a) or a period of detention mentioned in paragraph (b) or (c) (i) ; and\nis the subject of a parole order that has been suspended under the Corrective Services Act 2006 ; and\nis being kept in a prison during the suspension period.\ns 5 amd 2005 No. 70 s 62 ; 2020 No. 15 s 62 ; 2024 No. 54 s 60 sch 1\n(sec.5-ssec.1) The Attorney-General may apply to the court for an order or orders under section 8 and a division 3 order in relation to a prisoner.\n(sec.5-ssec.2) The application must— state the orders sought; and be accompanied by any affidavits to be relied on by the Attorney-General for the purpose of seeking an order or orders under section 8 ; and be made during the last 6 months of the prisoner’s period of imprisonment.\n(sec.5-ssec.3) On the filing of the application, the registrar must record a return date for the matter to come before the court for a hearing ( preliminary hearing ) to decide whether the court is satisfied that there are reasonable grounds for believing the prisoner is a serious danger to the community in the absence of a division 3 order.\n(sec.5-ssec.4) The return date for the preliminary hearing must be within 28 business days after the filing.\n(sec.5-ssec.5) A copy of the application and any affidavit to be relied on by the Attorney-General must be given to the prisoner within 2 business days after the filing.\n(sec.5-ssec.6) In this section— parole order means— a parole order under the Corrective Services Act 2006 ; or a statutory parole order under the Youth Justice Act 1992 . period of imprisonment includes— a period of detention mentioned in the definition prisoner , paragraph (b) ; and a term of imprisonment a person is liable to serve as mentioned in the definition prisoner , paragraph (c) (iii) ; and a period a person is kept in a prison during a suspension period of a parole order as mentioned in the definition prisoner , paragraph (d) (iii) . prison see the Corrective Services Act 2006 , schedule 4 . prisoner — means a prisoner detained in custody who is serving a period of imprisonment for a serious sexual offence, or is serving a period of imprisonment that includes a term of imprisonment for a serious sexual offence, whether the person was sentenced to the term or period of imprisonment before or after the commencement of this section; and includes a person who, as mentioned in the Youth Justice Act 1992 , section 135 (7) , is serving a period of detention, and is being held in custody in a corrective services facility, for a child offence that is a serious sexual offence; and includes a person who— was serving a period of detention, in a detention centre under the Youth Justice Act 1992 , for a serious sexual offence; and under part 8 , division 2A , subdivision 1 of that Act, has been transferred to a corrective services facility and is being held in custody in the facility; and is liable, under section 276E of that Act, to serve a term of imprisonment for the offence equal to the period of detention the person remains liable to serve for the offence; and includes a person who— was serving a period of imprisonment mentioned in paragraph (a) or a period of detention mentioned in paragraph (b) or (c) (i) ; and is the subject of a parole order that has been suspended under the Corrective Services Act 2006 ; and is being kept in a prison during the suspension period.\n- (a) state the orders sought; and\n- (b) be accompanied by any affidavits to be relied on by the Attorney-General for the purpose of seeking an order or orders under section 8 ; and\n- (c) be made during the last 6 months of the prisoner’s period of imprisonment.\n- (a) a parole order under the Corrective Services Act 2006 ; or\n- (b) a statutory parole order under the Youth Justice Act 1992 .\n- (a) a period of detention mentioned in the definition prisoner , paragraph (b) ; and\n- (b) a term of imprisonment a person is liable to serve as mentioned in the definition prisoner , paragraph (c) (iii) ; and\n- (c) a period a person is kept in a prison during a suspension period of a parole order as mentioned in the definition prisoner , paragraph (d) (iii) .\n- (a) means a prisoner detained in custody who is serving a period of imprisonment for a serious sexual offence, or is serving a period of imprisonment that includes a term of imprisonment for a serious sexual offence, whether the person was sentenced to the term or period of imprisonment before or after the commencement of this section; and\n- (b) includes a person who, as mentioned in the Youth Justice Act 1992 , section 135 (7) , is serving a period of detention, and is being held in custody in a corrective services facility, for a child offence that is a serious sexual offence; and\n- (c) includes a person who— (i) was serving a period of detention, in a detention centre under the Youth Justice Act 1992 , for a serious sexual offence; and (ii) under part 8 , division 2A , subdivision 1 of that Act, has been transferred to a corrective services facility and is being held in custody in the facility; and (iii) is liable, under section 276E of that Act, to serve a term of imprisonment for the offence equal to the period of detention the person remains liable to serve for the offence; and\n- (i) was serving a period of detention, in a detention centre under the Youth Justice Act 1992 , for a serious sexual offence; and\n- (ii) under part 8 , division 2A , subdivision 1 of that Act, has been transferred to a corrective services facility and is being held in custody in the facility; and\n- (iii) is liable, under section 276E of that Act, to serve a term of imprisonment for the offence equal to the period of detention the person remains liable to serve for the offence; and\n- (d) includes a person who— (i) was serving a period of imprisonment mentioned in paragraph (a) or a period of detention mentioned in paragraph (b) or (c) (i) ; and (ii) is the subject of a parole order that has been suspended under the Corrective Services Act 2006 ; and (iii) is being kept in a prison during the suspension period.\n- (i) was serving a period of imprisonment mentioned in paragraph (a) or a period of detention mentioned in paragraph (b) or (c) (i) ; and\n- (ii) is the subject of a parole order that has been suspended under the Corrective Services Act 2006 ; and\n- (iii) is being kept in a prison during the suspension period.\n- (i) was serving a period of detention, in a detention centre under the Youth Justice Act 1992 , for a serious sexual offence; and\n- (ii) under part 8 , division 2A , subdivision 1 of that Act, has been transferred to a corrective services facility and is being held in custody in the facility; and\n- (iii) is liable, under section 276E of that Act, to serve a term of imprisonment for the offence equal to the period of detention the person remains liable to serve for the offence; and\n- (i) was serving a period of imprisonment mentioned in paragraph (a) or a period of detention mentioned in paragraph (b) or (c) (i) ; and\n- (ii) is the subject of a parole order that has been suspended under the Corrective Services Act 2006 ; and\n- (iii) is being kept in a prison during the suspension period.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Prisoner may file material in response","content":"### sec.6 Prisoner may file material in response\n\nThe prisoner may file affidavits to be relied on by the prisoner for the preliminary hearing.\nThe prisoner must give a copy of the affidavits to the Attorney-General at least 3 business days before the day set down for the preliminary hearing.\n(sec.6-ssec.1) The prisoner may file affidavits to be relied on by the prisoner for the preliminary hearing.\n(sec.6-ssec.2) The prisoner must give a copy of the affidavits to the Attorney-General at least 3 business days before the day set down for the preliminary hearing.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Contents of affidavit","content":"### sec.7 Contents of affidavit\n\nAn affidavit must be confined to the evidence the person making it could give if giving evidence orally.\nHowever, an affidavit for use in a preliminary hearing may contain statements based on information and belief if the person making it states the sources of the information and the grounds for the belief.\n(sec.7-ssec.1) An affidavit must be confined to the evidence the person making it could give if giving evidence orally.\n(sec.7-ssec.2) However, an affidavit for use in a preliminary hearing may contain statements based on information and belief if the person making it states the sources of the information and the grounds for the belief.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Preliminary hearing","content":"### sec.8 Preliminary hearing\n\nIf the court is satisfied there are reasonable grounds for believing the prisoner is a serious danger to the community in the absence of a division 3 order, the court must set a date for the hearing of the application for a division 3 order.\nIf the court is satisfied as required under subsection (1) , it may make—\nan order that the prisoner undergo examinations by 2 psychiatrists named by the court who are to prepare independent reports; and\nif the court is satisfied the application may not be finally decided until after the prisoner’s release day—\nan order that the prisoner’s release from custody be supervised; or\nan order that the prisoner be detained in custody for the period stated in the order.\nIf the court makes an order under subsection (2) (b) (i) , the order must contain the requirements for the prisoner stated in section 16 (1) .\ns 8 amd 2005 No. 70 s 63\n(sec.8-ssec.1) If the court is satisfied there are reasonable grounds for believing the prisoner is a serious danger to the community in the absence of a division 3 order, the court must set a date for the hearing of the application for a division 3 order.\n(sec.8-ssec.2) If the court is satisfied as required under subsection (1) , it may make— an order that the prisoner undergo examinations by 2 psychiatrists named by the court who are to prepare independent reports; and if the court is satisfied the application may not be finally decided until after the prisoner’s release day— an order that the prisoner’s release from custody be supervised; or an order that the prisoner be detained in custody for the period stated in the order. If the court makes an order under subsection (2) (b) (i) , the order must contain the requirements for the prisoner stated in section 16 (1) .\n- (a) an order that the prisoner undergo examinations by 2 psychiatrists named by the court who are to prepare independent reports; and\n- (b) if the court is satisfied the application may not be finally decided until after the prisoner’s release day— (i) an order that the prisoner’s release from custody be supervised; or (ii) an order that the prisoner be detained in custody for the period stated in the order.\n- (i) an order that the prisoner’s release from custody be supervised; or\n- (ii) an order that the prisoner be detained in custody for the period stated in the order.\n- (i) an order that the prisoner’s release from custody be supervised; or\n- (ii) an order that the prisoner be detained in custody for the period stated in the order.","sortOrder":10},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Attorney-General may produce report","content":"### sec.8A Attorney-General may produce report\n\nThis section applies if a hearing date is set under section 8 .\nThe Attorney-General may produce to the court a report, prepared by the chief executive for the Attorney-General, about the prisoner that—\nproposes requirements under section 16 (2) for any supervised release of the prisoner; and\nindicates the extent to which the proposed requirements under paragraph (a) and the requirements under section 16 can be reasonably and practicably managed by corrective services officers.\nThe Attorney-General must give a copy of the report to the prisoner on the next business day after the Attorney-General receives the report.\ns 8A ins 2010 No. 34 s 4\n(sec.8A-ssec.1) This section applies if a hearing date is set under section 8 .\n(sec.8A-ssec.2) The Attorney-General may produce to the court a report, prepared by the chief executive for the Attorney-General, about the prisoner that— proposes requirements under section 16 (2) for any supervised release of the prisoner; and indicates the extent to which the proposed requirements under paragraph (a) and the requirements under section 16 can be reasonably and practicably managed by corrective services officers.\n(sec.8A-ssec.3) The Attorney-General must give a copy of the report to the prisoner on the next business day after the Attorney-General receives the report.\n- (a) proposes requirements under section 16 (2) for any supervised release of the prisoner; and\n- (b) indicates the extent to which the proposed requirements under paragraph (a) and the requirements under section 16 can be reasonably and practicably managed by corrective services officers.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"What a risk assessment order authorises","content":"### sec.9 What a risk assessment order authorises\n\nA risk assessment order authorises the examination of the prisoner by 2 psychiatrists, named in the risk assessment order, who must examine the prisoner and prepare a report as required under section 11 .","sortOrder":12},{"sectionNumber":"sec.9AA","sectionType":"section","heading":"Victim’s submission relating to division 3 order","content":"### sec.9AA Victim’s submission relating to division 3 order\n\nAs soon as practicable after the court sets a date for the hearing of an application for a division 3 order, the chief executive must give written notice of the application and hearing date to the following eligible person—\nsubject to paragraph (b) , the actual victim of the serious sexual offence for which the prisoner is serving a term or period of imprisonment;\nif the victim is under 18 years or has a legal incapacity, the victim’s parent or guardian.\nThe notice must invite the eligible person to give to the chief executive, before the date stated in the notice, a written submission stating—\nthe person’s views about any division 3 order or conditions of release to which the prisoner should be subject; and\nany other matters prescribed under a regulation.\nIt is sufficient compliance with subsection (1) for the chief executive to give the notice to the eligible person at the eligible person’s last-known address recorded in the eligible persons register.\nThe chief executive must, before the hearing, give the Attorney-General—\nif the chief executive received a submission from an eligible person in response to a notice given to the person under subsection (3) —the submission; or\ninformation that the eligible person has not given a submission in response to the notice.\nThe Attorney-General must place before the court for the hearing of the division 3 order any submission received from the eligible person before the hearing date.\ns 9AA ins 2007 No. 35 s 2A\namd 2010 No. 34 s 5\n(sec.9AA-ssec.1) As soon as practicable after the court sets a date for the hearing of an application for a division 3 order, the chief executive must give written notice of the application and hearing date to the following eligible person— subject to paragraph (b) , the actual victim of the serious sexual offence for which the prisoner is serving a term or period of imprisonment; if the victim is under 18 years or has a legal incapacity, the victim’s parent or guardian.\n(sec.9AA-ssec.2) The notice must invite the eligible person to give to the chief executive, before the date stated in the notice, a written submission stating— the person’s views about any division 3 order or conditions of release to which the prisoner should be subject; and any other matters prescribed under a regulation.\n(sec.9AA-ssec.3) It is sufficient compliance with subsection (1) for the chief executive to give the notice to the eligible person at the eligible person’s last-known address recorded in the eligible persons register.\n(sec.9AA-ssec.3A) The chief executive must, before the hearing, give the Attorney-General— if the chief executive received a submission from an eligible person in response to a notice given to the person under subsection (3) —the submission; or information that the eligible person has not given a submission in response to the notice.\n(sec.9AA-ssec.4) The Attorney-General must place before the court for the hearing of the division 3 order any submission received from the eligible person before the hearing date.\n- (a) subject to paragraph (b) , the actual victim of the serious sexual offence for which the prisoner is serving a term or period of imprisonment;\n- (b) if the victim is under 18 years or has a legal incapacity, the victim’s parent or guardian.\n- (a) the person’s views about any division 3 order or conditions of release to which the prisoner should be subject; and\n- (b) any other matters prescribed under a regulation.\n- (a) if the chief executive received a submission from an eligible person in response to a notice given to the person under subsection (3) —the submission; or\n- (b) information that the eligible person has not given a submission in response to the notice.","sortOrder":13},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Court may adjourn hearing for division 3 order","content":"### sec.9A Court may adjourn hearing for division 3 order\n\nThe court may, on application or on its own initiative, adjourn the hearing of an application for a division 3 order.\nIf the court adjourns the hearing of the application and is satisfied the application may not be finally decided until after the prisoner’s release day, the court may make an order—\nthat the prisoner’s release from custody be supervised; or\nthat the prisoner be detained in custody for the period stated in the order.\nIf the court makes an order under subsection (2) (a) , the order must contain the requirements for the prisoner stated in section 16 (1) .\ns 9A ins 2005 No. 70 s 64\n(sec.9A-ssec.1) The court may, on application or on its own initiative, adjourn the hearing of an application for a division 3 order.\n(sec.9A-ssec.2) If the court adjourns the hearing of the application and is satisfied the application may not be finally decided until after the prisoner’s release day, the court may make an order— that the prisoner’s release from custody be supervised; or that the prisoner be detained in custody for the period stated in the order. If the court makes an order under subsection (2) (a) , the order must contain the requirements for the prisoner stated in section 16 (1) .\n- (a) that the prisoner’s release from custody be supervised; or\n- (b) that the prisoner be detained in custody for the period stated in the order.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Discontinuing application for division 3 order","content":"### sec.10 Discontinuing application for division 3 order\n\nThe Attorney-General, at any time after applying for a division 3 order, may discontinue the application by giving to the registrar and the prisoner a notice of discontinuance.\nThe application is taken to be dismissed by the court when the notice is given to the registrar.\nIf the prisoner has been ordered to be detained under an interim detention order or has been released from custody under an interim supervision order, the Attorney-General must apply immediately to the court for rescission of the order.\nIf the chief executive received a submission from an eligible person in response to a notice given to the person under section 9AA , the chief executive must give the person written notice of the discontinuance of the application.\ns 10 amd 2005 No. 70 s 65 ; 2007 No. 35 s 2B ; 2010 No. 34 s 6\n(sec.10-ssec.1) The Attorney-General, at any time after applying for a division 3 order, may discontinue the application by giving to the registrar and the prisoner a notice of discontinuance.\n(sec.10-ssec.2) The application is taken to be dismissed by the court when the notice is given to the registrar.\n(sec.10-ssec.3) If the prisoner has been ordered to be detained under an interim detention order or has been released from custody under an interim supervision order, the Attorney-General must apply immediately to the court for rescission of the order.\n(sec.10-ssec.4) If the chief executive received a submission from an eligible person in response to a notice given to the person under section 9AA , the chief executive must give the person written notice of the discontinuance of the application.","sortOrder":15},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Psychiatric examinations","content":"## Psychiatric examinations","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Preparation of psychiatric report","content":"### sec.11 Preparation of psychiatric report\n\nEach psychiatrist examining the prisoner must prepare a report under this section.\nThe report must indicate—\nthe psychiatrist’s assessment of the level of risk that the prisoner will commit another serious sexual offence—\nif released from custody; or\nif released from custody without a supervision order being made; and\nthe reasons for the psychiatrist’s assessment.\nFor the purposes of preparing the report, the chief executive must give each psychiatrist any medical, psychiatric, prison or other relevant report or information in relation to the prisoner in the chief executive’s possession or to which the chief executive has, or may be given, access.\nA person in possession of a report or information mentioned in subsection (3) must give a copy of the report or the information to the chief executive if asked by the chief executive.\nSubsection (4) authorises and requires the person to give the report or information despite any other law to the contrary or any duty of confidentiality attaching to the report.\nIf a person required to give a report or information under subsection (4) refuses to give the report or information, the chief executive may apply to the court for an order requiring the person to give the report or information to the chief executive.\nA person giving a report or information under subsection (4) or (6) is not liable, civilly, criminally or under an administrative process, for giving the report or information.\nEach psychiatrist must have regard to each report or the information given to the psychiatrist under subsection (3) .\nEach psychiatrist must prepare a report even if the prisoner does not cooperate, or does not cooperate fully, in the examination.\n(sec.11-ssec.1) Each psychiatrist examining the prisoner must prepare a report under this section.\n(sec.11-ssec.2) The report must indicate— the psychiatrist’s assessment of the level of risk that the prisoner will commit another serious sexual offence— if released from custody; or if released from custody without a supervision order being made; and the reasons for the psychiatrist’s assessment.\n(sec.11-ssec.3) For the purposes of preparing the report, the chief executive must give each psychiatrist any medical, psychiatric, prison or other relevant report or information in relation to the prisoner in the chief executive’s possession or to which the chief executive has, or may be given, access.\n(sec.11-ssec.4) A person in possession of a report or information mentioned in subsection (3) must give a copy of the report or the information to the chief executive if asked by the chief executive.\n(sec.11-ssec.5) Subsection (4) authorises and requires the person to give the report or information despite any other law to the contrary or any duty of confidentiality attaching to the report.\n(sec.11-ssec.6) If a person required to give a report or information under subsection (4) refuses to give the report or information, the chief executive may apply to the court for an order requiring the person to give the report or information to the chief executive.\n(sec.11-ssec.7) A person giving a report or information under subsection (4) or (6) is not liable, civilly, criminally or under an administrative process, for giving the report or information.\n(sec.11-ssec.8) Each psychiatrist must have regard to each report or the information given to the psychiatrist under subsection (3) .\n(sec.11-ssec.9) Each psychiatrist must prepare a report even if the prisoner does not cooperate, or does not cooperate fully, in the examination.\n- (a) the psychiatrist’s assessment of the level of risk that the prisoner will commit another serious sexual offence— (i) if released from custody; or (ii) if released from custody without a supervision order being made; and\n- (i) if released from custody; or\n- (ii) if released from custody without a supervision order being made; and\n- (b) the reasons for the psychiatrist’s assessment.\n- (i) if released from custody; or\n- (ii) if released from custody without a supervision order being made; and","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Psychiatric reports to be given to the Attorney-General and the prisoner","content":"### sec.12 Psychiatric reports to be given to the Attorney-General and the prisoner\n\nEach psychiatrist must give a copy of the psychiatrist’s report to the Attorney-General within 7 days after finalising the report.\nThe Attorney-General must give a copy of each report to the prisoner on the next business day after the Attorney-General receives the report.\n(sec.12-ssec.1) Each psychiatrist must give a copy of the psychiatrist’s report to the Attorney-General within 7 days after finalising the report.\n(sec.12-ssec.2) The Attorney-General must give a copy of each report to the prisoner on the next business day after the Attorney-General receives the report.","sortOrder":18},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Final orders","content":"## Final orders","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Division 3 orders","content":"### sec.13 Division 3 orders\n\nThis section applies if, on the hearing of an application for a division 3 order, the court is satisfied the prisoner is a serious danger to the community in the absence of a division 3 order (a serious danger to the community ).\nA prisoner is a serious danger to the community as mentioned in subsection (1) if there is an unacceptable risk that the prisoner will commit a serious sexual offence—\nif the prisoner is released from custody; or\nif the prisoner is released from custody without a supervision order being made.\nOn hearing the application, the court may decide that it is satisfied as required under subsection (1) only if it is satisfied—\nby acceptable, cogent evidence; and\nto a high degree of probability;\nthat the evidence is of sufficient weight to justify the decision.\nIn deciding whether a prisoner is a serious danger to the community as mentioned in subsection (1) , the court must have regard to the following—\nany report produced under section 8A ;\nthe reports prepared by the psychiatrists under section 11 and the extent to which the prisoner cooperated in the examinations by the psychiatrists;\nany other medical, psychiatric, psychological or other assessment relating to the prisoner;\ninformation indicating whether or not there is a propensity on the part of the prisoner to commit serious sexual offences in the future;\nwhether or not there is any pattern of offending behaviour on the part of the prisoner;\nefforts by the prisoner to address the cause or causes of the prisoner’s offending behaviour, including whether the prisoner participated in rehabilitation programs;\nwhether or not the prisoner’s participation in rehabilitation programs has had a positive effect on the prisoner;\nthe prisoner’s antecedents and criminal history;\nthe risk that the prisoner will commit another serious sexual offence if released into the community;\nthe need to protect members of the community from that risk;\nany other relevant matter.\nIf the court is satisfied as required under subsection (1) , the court may order—\nthat the prisoner be detained in custody for an indefinite term for control, care or treatment ( continuing detention order ); or\nthat the prisoner be released from custody subject to the requirements it considers appropriate that are stated in the order ( supervision order ).\nIn deciding whether to make an order under subsection (5) (a) or (b) —\nthe paramount consideration is to be the need to ensure adequate protection of the community; and\nthe court must consider whether—\nadequate protection of the community can be reasonably and practicably managed by a supervision order; and\nrequirements under section 16 can be reasonably and practicably managed by corrective services officers.\nThe Attorney-General has the onus of proving that a prisoner is a serious danger to the community as mentioned in subsection (1) .\ns 13 amd 2007 No. 35 s 2C ; 2010 No. 34 s 7\n(sec.13-ssec.1) This section applies if, on the hearing of an application for a division 3 order, the court is satisfied the prisoner is a serious danger to the community in the absence of a division 3 order (a serious danger to the community ).\n(sec.13-ssec.2) A prisoner is a serious danger to the community as mentioned in subsection (1) if there is an unacceptable risk that the prisoner will commit a serious sexual offence— if the prisoner is released from custody; or if the prisoner is released from custody without a supervision order being made.\n(sec.13-ssec.3) On hearing the application, the court may decide that it is satisfied as required under subsection (1) only if it is satisfied— by acceptable, cogent evidence; and to a high degree of probability; that the evidence is of sufficient weight to justify the decision.\n(sec.13-ssec.4) In deciding whether a prisoner is a serious danger to the community as mentioned in subsection (1) , the court must have regard to the following— any report produced under section 8A ; the reports prepared by the psychiatrists under section 11 and the extent to which the prisoner cooperated in the examinations by the psychiatrists; any other medical, psychiatric, psychological or other assessment relating to the prisoner; information indicating whether or not there is a propensity on the part of the prisoner to commit serious sexual offences in the future; whether or not there is any pattern of offending behaviour on the part of the prisoner; efforts by the prisoner to address the cause or causes of the prisoner’s offending behaviour, including whether the prisoner participated in rehabilitation programs; whether or not the prisoner’s participation in rehabilitation programs has had a positive effect on the prisoner; the prisoner’s antecedents and criminal history; the risk that the prisoner will commit another serious sexual offence if released into the community; the need to protect members of the community from that risk; any other relevant matter.\n(sec.13-ssec.5) If the court is satisfied as required under subsection (1) , the court may order— that the prisoner be detained in custody for an indefinite term for control, care or treatment ( continuing detention order ); or that the prisoner be released from custody subject to the requirements it considers appropriate that are stated in the order ( supervision order ).\n(sec.13-ssec.6) In deciding whether to make an order under subsection (5) (a) or (b) — the paramount consideration is to be the need to ensure adequate protection of the community; and the court must consider whether— adequate protection of the community can be reasonably and practicably managed by a supervision order; and requirements under section 16 can be reasonably and practicably managed by corrective services officers.\n(sec.13-ssec.7) The Attorney-General has the onus of proving that a prisoner is a serious danger to the community as mentioned in subsection (1) .\n- (a) if the prisoner is released from custody; or\n- (b) if the prisoner is released from custody without a supervision order being made.\n- (a) by acceptable, cogent evidence; and\n- (b) to a high degree of probability;\n- (aa) any report produced under section 8A ;\n- (a) the reports prepared by the psychiatrists under section 11 and the extent to which the prisoner cooperated in the examinations by the psychiatrists;\n- (b) any other medical, psychiatric, psychological or other assessment relating to the prisoner;\n- (c) information indicating whether or not there is a propensity on the part of the prisoner to commit serious sexual offences in the future;\n- (d) whether or not there is any pattern of offending behaviour on the part of the prisoner;\n- (e) efforts by the prisoner to address the cause or causes of the prisoner’s offending behaviour, including whether the prisoner participated in rehabilitation programs;\n- (f) whether or not the prisoner’s participation in rehabilitation programs has had a positive effect on the prisoner;\n- (g) the prisoner’s antecedents and criminal history;\n- (h) the risk that the prisoner will commit another serious sexual offence if released into the community;\n- (i) the need to protect members of the community from that risk;\n- (j) any other relevant matter.\n- (a) that the prisoner be detained in custody for an indefinite term for control, care or treatment ( continuing detention order ); or\n- (b) that the prisoner be released from custody subject to the requirements it considers appropriate that are stated in the order ( supervision order ).\n- (a) the paramount consideration is to be the need to ensure adequate protection of the community; and\n- (b) the court must consider whether— (i) adequate protection of the community can be reasonably and practicably managed by a supervision order; and (ii) requirements under section 16 can be reasonably and practicably managed by corrective services officers.\n- (i) adequate protection of the community can be reasonably and practicably managed by a supervision order; and\n- (ii) requirements under section 16 can be reasonably and practicably managed by corrective services officers.\n- (i) adequate protection of the community can be reasonably and practicably managed by a supervision order; and\n- (ii) requirements under section 16 can be reasonably and practicably managed by corrective services officers.","sortOrder":20},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Fixing of period of supervision order","content":"### sec.13A Fixing of period of supervision order\n\nIf the court makes a supervision order, the order must state the period for which it is to have effect.\nIn fixing the period, the court must not have regard to whether or not the prisoner may become the subject of—\nan application for a further supervision order; or\na further supervision order.\nThe period can not end before 5 years after the making of the order or the end of the prisoner’s period of imprisonment, whichever is the later.\ns 13A ins 2010 No. 34 s 8\n(sec.13A-ssec.1) If the court makes a supervision order, the order must state the period for which it is to have effect.\n(sec.13A-ssec.2) In fixing the period, the court must not have regard to whether or not the prisoner may become the subject of— an application for a further supervision order; or a further supervision order.\n(sec.13A-ssec.3) The period can not end before 5 years after the making of the order or the end of the prisoner’s period of imprisonment, whichever is the later.\n- (a) an application for a further supervision order; or\n- (b) a further supervision order.","sortOrder":21},{"sectionNumber":"pt.2-div.3A","sectionType":"division","heading":"Effect of particular orders","content":"## Effect of particular orders","sortOrder":22},{"sectionNumber":"sec.14","sectionType":"section","heading":"Effect of continuing detention order or interim detention order","content":"### sec.14 Effect of continuing detention order or interim detention order\n\nA continuing detention order has effect in accordance with its terms—\non the order being made or at the end of the prisoner’s period of imprisonment, whichever is the later; and\nuntil rescinded.\nAn interim detention order has effect in accordance with its terms—\non the order being made or at the end of the prisoner’s period of imprisonment, whichever is the later; and\nfor the period stated in the order, unless earlier rescinded.\ns 14 amd 2005 No. 70 s 68\n(sec.14-ssec.1) A continuing detention order has effect in accordance with its terms— on the order being made or at the end of the prisoner’s period of imprisonment, whichever is the later; and until rescinded.\n(sec.14-ssec.2) An interim detention order has effect in accordance with its terms— on the order being made or at the end of the prisoner’s period of imprisonment, whichever is the later; and for the period stated in the order, unless earlier rescinded.\n- (a) on the order being made or at the end of the prisoner’s period of imprisonment, whichever is the later; and\n- (b) until rescinded.\n- (a) on the order being made or at the end of the prisoner’s period of imprisonment, whichever is the later; and\n- (b) for the period stated in the order, unless earlier rescinded.","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":"Effect of supervision order or interim supervision order","content":"### sec.15 Effect of supervision order or interim supervision order\n\nA supervision order or interim supervision order has effect in accordance with its terms—\non the order being made or on the prisoner’s release day, whichever is the later; and\nfor the period stated in the order.\ns 15 amd 2005 No. 70 s 69 ; 2010 No. 34 s 9\n- (a) on the order being made or on the prisoner’s release day, whichever is the later; and\n- (b) for the period stated in the order.","sortOrder":24},{"sectionNumber":"pt.2-div.3B","sectionType":"division","heading":"Supervised release to be subject to particular requirements","content":"## Supervised release to be subject to particular requirements","sortOrder":25},{"sectionNumber":"sec.16","sectionType":"section","heading":"Requirements for orders","content":"### sec.16 Requirements for orders\n\nIf the court or a relevant appeal court orders that a prisoner’s release from custody be supervised under a supervision order or interim supervision order, the order must contain requirements that the prisoner—\nreport to a corrective services officer at the place, and within the time, stated in the order and advise the officer of the prisoner’s current name and address; and\nreport to, and receive visits from, a corrective services officer as directed by the court or a relevant appeal court; and\nnotify a corrective services officer of every change of the prisoner’s name, place of residence or employment at least 2 business days before the change happens; and\nbe under the supervision of a corrective services officer; and\ncomply with a curfew direction or monitoring direction; and\ncomply with any reasonable direction under section 16B given to the prisoner; and\ncomply with every reasonable direction of a corrective services officer that is not directly inconsistent with a requirement of the order; and\nIf the only requirement under subsection (2) contained in a particular order is that the released prisoner must live at least 1km from any school—\nA proposed direction to the prisoner would be directly inconsistent if it requires the released prisoner to live at least 2km from any school.\nA proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner to live at least a stated distance from something else, including, for example, children’s playgrounds, public parks, education and care service premises or QEC service premises.\nA proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner not to live anywhere unless that place has been approved by a corrective services officer.\nnot leave or stay out of Queensland without the permission of a corrective services officer; and\nnot commit an offence of a sexual nature during the period of the order.\nThe order may contain any other requirement the court or a relevant appeal court considers appropriate—\nto ensure adequate protection of the community; or\na requirement that the prisoner must not knowingly reside with a convicted sexual offender\na requirement that the prisoner must not, without reasonable excuse, be within 200m of a school\na requirement that the prisoner must wear a device for monitoring the prisoner’s location\nfor the prisoner’s rehabilitation or care or treatment.\ns 16 amd 2005 No. 70 s 71 ; 2006 No. 45 s 10 ; 2007 No. 35 s 3 ; 2010 No. 34 s 11; 2011 No. 38 s 64 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.16-ssec.1) If the court or a relevant appeal court orders that a prisoner’s release from custody be supervised under a supervision order or interim supervision order, the order must contain requirements that the prisoner— report to a corrective services officer at the place, and within the time, stated in the order and advise the officer of the prisoner’s current name and address; and report to, and receive visits from, a corrective services officer as directed by the court or a relevant appeal court; and notify a corrective services officer of every change of the prisoner’s name, place of residence or employment at least 2 business days before the change happens; and be under the supervision of a corrective services officer; and comply with a curfew direction or monitoring direction; and comply with any reasonable direction under section 16B given to the prisoner; and comply with every reasonable direction of a corrective services officer that is not directly inconsistent with a requirement of the order; and If the only requirement under subsection (2) contained in a particular order is that the released prisoner must live at least 1km from any school— A proposed direction to the prisoner would be directly inconsistent if it requires the released prisoner to live at least 2km from any school. A proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner to live at least a stated distance from something else, including, for example, children’s playgrounds, public parks, education and care service premises or QEC service premises. A proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner not to live anywhere unless that place has been approved by a corrective services officer. not leave or stay out of Queensland without the permission of a corrective services officer; and not commit an offence of a sexual nature during the period of the order.\n(sec.16-ssec.2) The order may contain any other requirement the court or a relevant appeal court considers appropriate— to ensure adequate protection of the community; or a requirement that the prisoner must not knowingly reside with a convicted sexual offender a requirement that the prisoner must not, without reasonable excuse, be within 200m of a school a requirement that the prisoner must wear a device for monitoring the prisoner’s location for the prisoner’s rehabilitation or care or treatment.\n- (a) report to a corrective services officer at the place, and within the time, stated in the order and advise the officer of the prisoner’s current name and address; and\n- (b) report to, and receive visits from, a corrective services officer as directed by the court or a relevant appeal court; and\n- (c) notify a corrective services officer of every change of the prisoner’s name, place of residence or employment at least 2 business days before the change happens; and\n- (d) be under the supervision of a corrective services officer; and\n- (da) comply with a curfew direction or monitoring direction; and\n- (daa) comply with any reasonable direction under section 16B given to the prisoner; and\n- (db) comply with every reasonable direction of a corrective services officer that is not directly inconsistent with a requirement of the order; and Examples of direct inconsistency— If the only requirement under subsection (2) contained in a particular order is that the released prisoner must live at least 1km from any school— 1 A proposed direction to the prisoner would be directly inconsistent if it requires the released prisoner to live at least 2km from any school. 2 A proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner to live at least a stated distance from something else, including, for example, children’s playgrounds, public parks, education and care service premises or QEC service premises. 3 A proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner not to live anywhere unless that place has been approved by a corrective services officer.\n- 1 A proposed direction to the prisoner would be directly inconsistent if it requires the released prisoner to live at least 2km from any school.\n- 2 A proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner to live at least a stated distance from something else, including, for example, children’s playgrounds, public parks, education and care service premises or QEC service premises.\n- 3 A proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner not to live anywhere unless that place has been approved by a corrective services officer.\n- (e) not leave or stay out of Queensland without the permission of a corrective services officer; and\n- (f) not commit an offence of a sexual nature during the period of the order.\n- 1 A proposed direction to the prisoner would be directly inconsistent if it requires the released prisoner to live at least 2km from any school.\n- 2 A proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner to live at least a stated distance from something else, including, for example, children’s playgrounds, public parks, education and care service premises or QEC service premises.\n- 3 A proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner not to live anywhere unless that place has been approved by a corrective services officer.\n- (a) to ensure adequate protection of the community; or Examples for paragraph (a) — • a requirement that the prisoner must not knowingly reside with a convicted sexual offender • a requirement that the prisoner must not, without reasonable excuse, be within 200m of a school • a requirement that the prisoner must wear a device for monitoring the prisoner’s location\n- • a requirement that the prisoner must not knowingly reside with a convicted sexual offender\n- • a requirement that the prisoner must not, without reasonable excuse, be within 200m of a school\n- • a requirement that the prisoner must wear a device for monitoring the prisoner’s location\n- (b) for the prisoner’s rehabilitation or care or treatment.\n- • a requirement that the prisoner must not knowingly reside with a convicted sexual offender\n- • a requirement that the prisoner must not, without reasonable excuse, be within 200m of a school\n- • a requirement that the prisoner must wear a device for monitoring the prisoner’s location","sortOrder":26},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Curfew and monitoring directions","content":"### sec.16A Curfew and monitoring directions\n\nThe purpose of this section is to enable the movements of a released prisoner to be restricted and to enable the location of the released prisoner to be monitored.\nA corrective services officer may give 1 or both of the following directions to the released prisoner—\na direction to remain at a stated place for stated periods ( curfew direction );\na direction to remain at the released prisoner’s place of residence from 2.30p.m. to 7.00p.m. on school days, if the prisoner is not required to be at a place of employment during these hours\na direction to do 1 or both of the following ( monitoring direction )—\nwear a stated device;\npermit the installation of any device or equipment at the place where the released prisoner resides.\nA corrective services officer may give any reasonable directions to a released prisoner that are necessary for the proper administration of a curfew direction or monitoring direction.\nA direction under this section must not be directly inconsistent with a requirement of the relevant order for the released prisoner.\ns 16A ins 2007 No. 35 s 3A\namd 2010 No. 34 s 13\n(sec.16A-ssec.1) The purpose of this section is to enable the movements of a released prisoner to be restricted and to enable the location of the released prisoner to be monitored.\n(sec.16A-ssec.2) A corrective services officer may give 1 or both of the following directions to the released prisoner— a direction to remain at a stated place for stated periods ( curfew direction ); a direction to remain at the released prisoner’s place of residence from 2.30p.m. to 7.00p.m. on school days, if the prisoner is not required to be at a place of employment during these hours a direction to do 1 or both of the following ( monitoring direction )— wear a stated device; permit the installation of any device or equipment at the place where the released prisoner resides.\n(sec.16A-ssec.3) A corrective services officer may give any reasonable directions to a released prisoner that are necessary for the proper administration of a curfew direction or monitoring direction.\n(sec.16A-ssec.4) A direction under this section must not be directly inconsistent with a requirement of the relevant order for the released prisoner.\n- (a) a direction to remain at a stated place for stated periods ( curfew direction ); Example— a direction to remain at the released prisoner’s place of residence from 2.30p.m. to 7.00p.m. on school days, if the prisoner is not required to be at a place of employment during these hours\n- (b) a direction to do 1 or both of the following ( monitoring direction )— (i) wear a stated device; (ii) permit the installation of any device or equipment at the place where the released prisoner resides.\n- (i) wear a stated device;\n- (ii) permit the installation of any device or equipment at the place where the released prisoner resides.\n- (i) wear a stated device;\n- (ii) permit the installation of any device or equipment at the place where the released prisoner resides.","sortOrder":27},{"sectionNumber":"sec.16B","sectionType":"section","heading":"Other directions","content":"### sec.16B Other directions\n\nA corrective services officer may give a released prisoner a reasonable direction about—\nthe prisoner’s accommodation; or\na direction that the released prisoner may only reside at a place of residence approved by a corrective services officer\nthe released prisoner’s rehabilitation or care or treatment; or\na direction that the released prisoner participate in stated treatment programs\ndrug or alcohol use by the released prisoner.\nA direction under subsection (1) may relate to a matter even though the relevant order imposes a requirement about the matter, either generally or specifically.\nHowever, the direction must not be directly inconsistent with a requirement of the order.\ns 16B ins 2010 No. 34 s 14\n(sec.16B-ssec.1) A corrective services officer may give a released prisoner a reasonable direction about— the prisoner’s accommodation; or a direction that the released prisoner may only reside at a place of residence approved by a corrective services officer the released prisoner’s rehabilitation or care or treatment; or a direction that the released prisoner participate in stated treatment programs drug or alcohol use by the released prisoner.\n(sec.16B-ssec.2) A direction under subsection (1) may relate to a matter even though the relevant order imposes a requirement about the matter, either generally or specifically.\n(sec.16B-ssec.3) However, the direction must not be directly inconsistent with a requirement of the order.\n- (a) the prisoner’s accommodation; or Example— a direction that the released prisoner may only reside at a place of residence approved by a corrective services officer\n- (b) the released prisoner’s rehabilitation or care or treatment; or Example— a direction that the released prisoner participate in stated treatment programs\n- (c) drug or alcohol use by the released prisoner.","sortOrder":28},{"sectionNumber":"sec.16C","sectionType":"section","heading":"Criteria for giving directions","content":"### sec.16C Criteria for giving directions\n\nA corrective services officer may give a direction under this subdivision or a direction mentioned in section 16 (1) (db) only if the officer reasonably believes the direction is necessary—\nto ensure the adequate protection of the community; or\nfor the prisoner’s rehabilitation or care or treatment.\ns 16C ins 2010 No. 34 s 14\namd 2023 No. 17 s 169\n- (a) to ensure the adequate protection of the community; or\n- (b) for the prisoner’s rehabilitation or care or treatment.","sortOrder":29},{"sectionNumber":"sec.16D","sectionType":"section","heading":"Requirement under order to comply with directions not affected","content":"### sec.16D Requirement under order to comply with directions not affected\n\nSections 16 (1) (da) , 16 (1) (daa) , 16A and 16B do not limit section 16 (1) (db) .\ns 16D ins 2010 No. 34 s 14","sortOrder":30},{"sectionNumber":"pt.2-div.3C","sectionType":"division","heading":"Reasons for orders","content":"## Reasons for orders","sortOrder":31},{"sectionNumber":"sec.17","sectionType":"section","heading":"Court or relevant appeal court to give reasons","content":"### sec.17 Court or relevant appeal court to give reasons\n\nIf the court or a relevant appeal court makes any of the following orders, it must give detailed reasons for making the order—\na continuing detention order;\nan interim detention order;\na supervision order;\nan interim supervision order.\nThe reasons must be given at the time the order is made.\ns 17 amd 2005 No. 70 s 73 ; 2010 No. 34 s 15\n(sec.17-ssec.1) If the court or a relevant appeal court makes any of the following orders, it must give detailed reasons for making the order— a continuing detention order; an interim detention order; a supervision order; an interim supervision order.\n(sec.17-ssec.2) The reasons must be given at the time the order is made.\n- (a) a continuing detention order;\n- (b) an interim detention order;\n- (c) a supervision order;\n- (d) an interim supervision order.","sortOrder":32},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Amendment of supervision orders or interim supervision orders","content":"## Amendment of supervision orders or interim supervision orders","sortOrder":33},{"sectionNumber":"sec.18","sectionType":"section","heading":"Application for amendment","content":"### sec.18 Application for amendment\n\nAn application under this division must be made by—\na prisoner released under a supervision order or interim supervision order ( released prisoner ); or\nthe chief executive with the Attorney-General’s consent.\nNotice of an application made by the released prisoner must be given by the released prisoner to the Attorney-General and the chief executive.\nNotice of an application made by the chief executive must be given to the released prisoner.\ns 18 amd 2005 No. 70 s 75\n(sec.18-ssec.1) An application under this division must be made by— a prisoner released under a supervision order or interim supervision order ( released prisoner ); or the chief executive with the Attorney-General’s consent.\n(sec.18-ssec.2) Notice of an application made by the released prisoner must be given by the released prisoner to the Attorney-General and the chief executive.\n(sec.18-ssec.3) Notice of an application made by the chief executive must be given to the released prisoner.\n- (a) a prisoner released under a supervision order or interim supervision order ( released prisoner ); or\n- (b) the chief executive with the Attorney-General’s consent.","sortOrder":34},{"sectionNumber":"sec.19","sectionType":"section","heading":"Amendment of requirements of supervision order or interim supervision order","content":"### sec.19 Amendment of requirements of supervision order or interim supervision order\n\nThe court may, on application, amend the requirements of a supervision order or interim supervision order if the court is satisfied that—\nthe released prisoner is not able to comply with the requirements of the order because of a change in the released prisoner’s circumstances; or\nan amendment of the requirements is necessary or desirable for any other reason.\nThe court may amend the requirements if it is satisfied that—\nthe requirements, as amended, are sufficient to ensure adequate protection of the community; and\nit is reasonable to make the amendment in all the circumstances.\nIf the court amends the requirements on an application made by the chief executive, the court must also amend the supervision order or interim supervision order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements.\nTo the extent the supervision order or interim supervision order includes a requirement mentioned in section 16 (1) , the order can not be amended under this section in relation to the requirement.\ns 19 amd 2005 No. 70 s 76 ; 2007 No. 35 s 3B ; 2010 No. 34 s 16\n(sec.19-ssec.1) The court may, on application, amend the requirements of a supervision order or interim supervision order if the court is satisfied that— the released prisoner is not able to comply with the requirements of the order because of a change in the released prisoner’s circumstances; or an amendment of the requirements is necessary or desirable for any other reason.\n(sec.19-ssec.2) The court may amend the requirements if it is satisfied that— the requirements, as amended, are sufficient to ensure adequate protection of the community; and it is reasonable to make the amendment in all the circumstances.\n(sec.19-ssec.3) If the court amends the requirements on an application made by the chief executive, the court must also amend the supervision order or interim supervision order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements.\n(sec.19-ssec.4) To the extent the supervision order or interim supervision order includes a requirement mentioned in section 16 (1) , the order can not be amended under this section in relation to the requirement.\n- (a) the released prisoner is not able to comply with the requirements of the order because of a change in the released prisoner’s circumstances; or\n- (b) an amendment of the requirements is necessary or desirable for any other reason.\n- (a) the requirements, as amended, are sufficient to ensure adequate protection of the community; and\n- (b) it is reasonable to make the amendment in all the circumstances.","sortOrder":35},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Removal or reinstatement of requirement to comply with curfew direction or monitoring direction","content":"### sec.19A Removal or reinstatement of requirement to comply with curfew direction or monitoring direction\n\nThis section applies to a requirement of a supervision order or interim supervision order that a released prisoner comply with a curfew direction or monitoring direction.\nThe court may, on application by the released prisoner, remove the requirement if the released prisoner satisfies the court on the balance of probabilities that the adequate protection of the community can be ensured without the requirement.\nAn application under subsection (2) may only be made—\nfor the first time, after 2 years from the date the requirement was included in the order; or\nif paragraph (a) does not apply, after 1 year from the date an application by the released prisoner under this section was last decided.\nAt the hearing of the application, the chief executive may place before the court evidence of the released prisoner’s compliance, or noncompliance, with the order.\nThe court must have regard to the evidence placed before it under subsection (4) in considering whether the adequate protection of the community can be ensured without the requirement.\nThe court may, on application made at any time by the chief executive with the Attorney-General’s consent, reinstate a requirement of a supervision order or interim supervision order removed under this section.\ns 19A ins 2007 No. 35 s 3C\n(sec.19A-ssec.1) This section applies to a requirement of a supervision order or interim supervision order that a released prisoner comply with a curfew direction or monitoring direction.\n(sec.19A-ssec.2) The court may, on application by the released prisoner, remove the requirement if the released prisoner satisfies the court on the balance of probabilities that the adequate protection of the community can be ensured without the requirement.\n(sec.19A-ssec.3) An application under subsection (2) may only be made— for the first time, after 2 years from the date the requirement was included in the order; or if paragraph (a) does not apply, after 1 year from the date an application by the released prisoner under this section was last decided.\n(sec.19A-ssec.4) At the hearing of the application, the chief executive may place before the court evidence of the released prisoner’s compliance, or noncompliance, with the order.\n(sec.19A-ssec.5) The court must have regard to the evidence placed before it under subsection (4) in considering whether the adequate protection of the community can be ensured without the requirement.\n(sec.19A-ssec.6) The court may, on application made at any time by the chief executive with the Attorney-General’s consent, reinstate a requirement of a supervision order or interim supervision order removed under this section.\n- (a) for the first time, after 2 years from the date the requirement was included in the order; or\n- (b) if paragraph (a) does not apply, after 1 year from the date an application by the released prisoner under this section was last decided.","sortOrder":36},{"sectionNumber":"pt.2-div.4A","sectionType":"division","heading":"Extending supervised release","content":"## Extending supervised release","sortOrder":37},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Attorney-General may apply for further supervision order","content":"### sec.19B Attorney-General may apply for further supervision order\n\nThis section applies to a released prisoner subject to a supervision order (the current order ).\nThe Attorney-General may apply for a further supervision order for the released prisoner.\nThe application may be made only within the last 6 months of effect of the current order.\nDespite subsection (2) , the Attorney-General can not make the application if a further supervision order has been made for the released prisoner.\nHowever, subsection (4) does not prevent the making of the application if—\nunder section 13 (5) (b) or 30 (3) (b) , a new supervision order is made for the released prisoner; and\nno further supervision order has already been made for the new supervision order.\ns 19B ins 2010 No. 34 s 17\n(sec.19B-ssec.1) This section applies to a released prisoner subject to a supervision order (the current order ).\n(sec.19B-ssec.2) The Attorney-General may apply for a further supervision order for the released prisoner.\n(sec.19B-ssec.3) The application may be made only within the last 6 months of effect of the current order.\n(sec.19B-ssec.4) Despite subsection (2) , the Attorney-General can not make the application if a further supervision order has been made for the released prisoner.\n(sec.19B-ssec.5) However, subsection (4) does not prevent the making of the application if— under section 13 (5) (b) or 30 (3) (b) , a new supervision order is made for the released prisoner; and no further supervision order has already been made for the new supervision order.\n- (a) under section 13 (5) (b) or 30 (3) (b) , a new supervision order is made for the released prisoner; and\n- (b) no further supervision order has already been made for the new supervision order.","sortOrder":38},{"sectionNumber":"sec.19C","sectionType":"section","heading":"Requirements for application","content":"### sec.19C Requirements for application\n\nThe application must—\nstate the period of supervised release sought; and\nbe accompanied by any affidavits to be relied on in support of the application.\ns 19C ins 2010 No. 34 s 17\n- (a) state the period of supervised release sought; and\n- (b) be accompanied by any affidavits to be relied on in support of the application.","sortOrder":39},{"sectionNumber":"sec.19D","sectionType":"section","heading":"Application of provisions for division 3 orders","content":"### sec.19D Application of provisions for division 3 orders\n\nDivision 1 (other than section 5 (1) and (2) ), division 2 , section 13 , section 15 and divisions 3B and 3C apply for the application and the operation of any further supervision order for the released prisoner—\nas if a reference in the provisions to a division 3 order were a reference to a further supervision order; and\nas if a reference in the provisions to an application for a division 3 order were a reference to an application under this division; and\nas if a reference in the provisions to the prisoner were a reference to the released prisoner; and\nas if a reference in the provisions to a prisoner’s release day were a reference to the day that the current order expires; and\nas if the reference in section 5 (5) to 2 business days were a reference to 7 business days; and\nas if the psychiatrist’s assessment under section 11 (2) (a) were an assessment of the level of risk that the released prisoner will, after the expiry of the current order, commit another serious sexual offence if a further supervision order is not made; and\nas if the references in section 13 (5) to the making of an order were only a reference to the making of a further supervision order for the released prisoner; and\nas if the reference in section 16 to the ordering of release from custody were a reference to the making of a further supervision order; and\nwith other necessary changes.\nIf the court is satisfied the application may not be finally decided until after the current order expires, it may make an interim supervision order for the released prisoner.\nThe power under subsection (2) applies for the application instead of the power to make the orders mentioned in section 8 (2) (b) or 9A (2) as applied under subsection (1) .\ns 19D ins 2010 No. 34 s 17\n(sec.19D-ssec.1) Division 1 (other than section 5 (1) and (2) ), division 2 , section 13 , section 15 and divisions 3B and 3C apply for the application and the operation of any further supervision order for the released prisoner— as if a reference in the provisions to a division 3 order were a reference to a further supervision order; and as if a reference in the provisions to an application for a division 3 order were a reference to an application under this division; and as if a reference in the provisions to the prisoner were a reference to the released prisoner; and as if a reference in the provisions to a prisoner’s release day were a reference to the day that the current order expires; and as if the reference in section 5 (5) to 2 business days were a reference to 7 business days; and as if the psychiatrist’s assessment under section 11 (2) (a) were an assessment of the level of risk that the released prisoner will, after the expiry of the current order, commit another serious sexual offence if a further supervision order is not made; and as if the references in section 13 (5) to the making of an order were only a reference to the making of a further supervision order for the released prisoner; and as if the reference in section 16 to the ordering of release from custody were a reference to the making of a further supervision order; and with other necessary changes.\n(sec.19D-ssec.2) If the court is satisfied the application may not be finally decided until after the current order expires, it may make an interim supervision order for the released prisoner.\n(sec.19D-ssec.3) The power under subsection (2) applies for the application instead of the power to make the orders mentioned in section 8 (2) (b) or 9A (2) as applied under subsection (1) .\n- (a) as if a reference in the provisions to a division 3 order were a reference to a further supervision order; and\n- (b) as if a reference in the provisions to an application for a division 3 order were a reference to an application under this division; and\n- (c) as if a reference in the provisions to the prisoner were a reference to the released prisoner; and\n- (d) as if a reference in the provisions to a prisoner’s release day were a reference to the day that the current order expires; and\n- (e) as if the reference in section 5 (5) to 2 business days were a reference to 7 business days; and\n- (f) as if the psychiatrist’s assessment under section 11 (2) (a) were an assessment of the level of risk that the released prisoner will, after the expiry of the current order, commit another serious sexual offence if a further supervision order is not made; and\n- (g) as if the references in section 13 (5) to the making of an order were only a reference to the making of a further supervision order for the released prisoner; and\n- (h) as if the reference in section 16 to the ordering of release from custody were a reference to the making of a further supervision order; and\n- (i) with other necessary changes.","sortOrder":40},{"sectionNumber":"sec.19E","sectionType":"section","heading":"Fixing of period of further supervision order","content":"### sec.19E Fixing of period of further supervision order\n\nIf the court makes a further supervision order, the order must state the period for which it is to have effect.\ns 19E ins 2010 No. 34 s 17","sortOrder":41},{"sectionNumber":"sec.19F","sectionType":"section","heading":"Effect of further supervision order","content":"### sec.19F Effect of further supervision order\n\nIf a further supervision order is made for the released prisoner, it has effect in accordance with its terms for the period stated in the order.\ns 19F ins 2010 No. 34 s 17","sortOrder":42},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Contravention of supervision order or interim supervision order","content":"## Contravention of supervision order or interim supervision order","sortOrder":43},{"sectionNumber":"sec.20","sectionType":"section","heading":"Warrant for released prisoner suspected of contravening a supervision order or interim supervision order","content":"### sec.20 Warrant for released prisoner suspected of contravening a supervision order or interim supervision order\n\nThis section applies if a police officer or corrective services officer reasonably suspects a released prisoner is likely to contravene, is contravening, or has contravened, a requirement of the released prisoner’s supervision order or interim supervision order.\nThe officer may, by a complaint to a magistrate, apply for a warrant for the arrest of the released prisoner directed to all police officers and corrective services officers to arrest the released prisoner and bring the released prisoner before the Supreme Court to be dealt with according to law.\nThe magistrate must issue the warrant, in the approved form, if the magistrate is satisfied the grounds for issuing the warrant exist.\nHowever, the warrant may be issued only if the complaint is under oath.\nThe warrant may state the suspected contravention in general terms.\nIf the magistrate issues a warrant under subsection (3) , the commissioner of the police service or the chief executive must give a copy of the warrant to the Attorney-General within 24 hours after the warrant is issued.\nThe Police Powers and Responsibilities Act 2000 , sections 800 to 802 , apply to the application for the warrant—\nas if the warrant were a prescribed authority, within the meaning of section 800 of that Act, that could be obtained under that Act; and\nif the application is made by a corrective services officer, as if the corrective services officer were a police officer.\nThe Police Powers and Responsibilities Act 2000 , sections 800 to 802 provide for obtaining prescribed authorities by phone, fax, radio, email or another similar facility.\nTo remove any doubt, it is declared that a failure by the commissioner of the police service or the chief executive to comply with subsection (7) does not affect the court’s ability to make a further order under section 22 .\ns 20 amd 2005 No. 70 s 78 ; 2006 No. 24 s 27 ; 2007 No. 35 s 4\n(sec.20-ssec.1) This section applies if a police officer or corrective services officer reasonably suspects a released prisoner is likely to contravene, is contravening, or has contravened, a requirement of the released prisoner’s supervision order or interim supervision order.\n(sec.20-ssec.2) The officer may, by a complaint to a magistrate, apply for a warrant for the arrest of the released prisoner directed to all police officers and corrective services officers to arrest the released prisoner and bring the released prisoner before the Supreme Court to be dealt with according to law.\n(sec.20-ssec.3) The magistrate must issue the warrant, in the approved form, if the magistrate is satisfied the grounds for issuing the warrant exist.\n(sec.20-ssec.4) However, the warrant may be issued only if the complaint is under oath.\n(sec.20-ssec.6) The warrant may state the suspected contravention in general terms.\n(sec.20-ssec.7) If the magistrate issues a warrant under subsection (3) , the commissioner of the police service or the chief executive must give a copy of the warrant to the Attorney-General within 24 hours after the warrant is issued.\n(sec.20-ssec.8) The Police Powers and Responsibilities Act 2000 , sections 800 to 802 , apply to the application for the warrant— as if the warrant were a prescribed authority, within the meaning of section 800 of that Act, that could be obtained under that Act; and if the application is made by a corrective services officer, as if the corrective services officer were a police officer. The Police Powers and Responsibilities Act 2000 , sections 800 to 802 provide for obtaining prescribed authorities by phone, fax, radio, email or another similar facility.\n(sec.20-ssec.9) To remove any doubt, it is declared that a failure by the commissioner of the police service or the chief executive to comply with subsection (7) does not affect the court’s ability to make a further order under section 22 .\n- (a) as if the warrant were a prescribed authority, within the meaning of section 800 of that Act, that could be obtained under that Act; and\n- (b) if the application is made by a corrective services officer, as if the corrective services officer were a police officer.","sortOrder":44},{"sectionNumber":"sec.21","sectionType":"section","heading":"Interim order concerning custody generally","content":"### sec.21 Interim order concerning custody generally\n\nThis section applies if a released prisoner is brought before the court under a warrant issued under section 20 .\nThe court must—\norder that the released prisoner be detained in custody until the final decision of the court under section 22 ; or\nrelease the prisoner under subsection (4) .\nThe released prisoner may, when the issue of his or her custody is raised under subsection (2) , or at any time after the court makes an order under that subsection detaining the prisoner, apply to the court to be released pending the final decision.\nThe court may order the release of the released prisoner only if the prisoner satisfies the court, on the balance of probabilities, that his or her detention in custody pending the final decision is not justified because exceptional circumstances exist.\nIf the court adjourns an application under subsection (3) , the court must order that the released prisoner remain in custody pending the decision on the application.\nIf the court orders the released prisoner’s release, the court must order that the prisoner be released subject to the existing supervision order or existing interim supervision order (each the existing order ) as amended under subsection (7) .\nFor subsection (6) , the court—\nmust amend the existing order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements; and\nmay amend the existing order to include any other requirements the court considers appropriate to ensure adequate protection of the community.\ns 21 sub 2007 No. 35 s 5\namd 2005 No. 70 s 79 ; 2010 No. 34 s 18\n(sec.21-ssec.1) This section applies if a released prisoner is brought before the court under a warrant issued under section 20 .\n(sec.21-ssec.2) The court must— order that the released prisoner be detained in custody until the final decision of the court under section 22 ; or release the prisoner under subsection (4) .\n(sec.21-ssec.3) The released prisoner may, when the issue of his or her custody is raised under subsection (2) , or at any time after the court makes an order under that subsection detaining the prisoner, apply to the court to be released pending the final decision.\n(sec.21-ssec.4) The court may order the release of the released prisoner only if the prisoner satisfies the court, on the balance of probabilities, that his or her detention in custody pending the final decision is not justified because exceptional circumstances exist.\n(sec.21-ssec.5) If the court adjourns an application under subsection (3) , the court must order that the released prisoner remain in custody pending the decision on the application.\n(sec.21-ssec.6) If the court orders the released prisoner’s release, the court must order that the prisoner be released subject to the existing supervision order or existing interim supervision order (each the existing order ) as amended under subsection (7) .\n(sec.21-ssec.7) For subsection (6) , the court— must amend the existing order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements; and may amend the existing order to include any other requirements the court considers appropriate to ensure adequate protection of the community.\n- (a) order that the released prisoner be detained in custody until the final decision of the court under section 22 ; or\n- (b) release the prisoner under subsection (4) .\n- (a) must amend the existing order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements; and\n- (b) may amend the existing order to include any other requirements the court considers appropriate to ensure adequate protection of the community.","sortOrder":45},{"sectionNumber":"sec.21A","sectionType":"section","heading":"Victim’s submission relating to further order","content":"### sec.21A Victim’s submission relating to further order\n\nAs soon as practicable after the court sets a date for the hearing for making its final decision under section 22 in relation to the prisoner, the chief executive must give written notice ( hearing notice ) of the issue of the warrant and hearing date to the following eligible person—\nsubject to paragraph (b) , the person mentioned in section 9AA (1) (a) as the actual victim of the serious sexual offence for which the prisoner was serving a term or period of imprisonment;\nif the victim is under 18 years or has a legal incapacity, the victim’s parent or guardian.\nHowever, subsection (1) does not apply if—\nthe chief executive has already given the eligible person a hearing notice for the prisoner; and\nthe person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner.\nThe notice must invite the eligible person to give to the chief executive, before the date stated in the notice, a written submission stating—\nthe person’s views about any further order or conditions of release to which the prisoner should be subject; and\nany other matters prescribed under a regulation.\nIt is sufficient compliance with subsection (1) for the chief executive to give the notice to the eligible person at the eligible person’s last-known address recorded in the eligible persons register.\nThe chief executive must, before the hearing, give the Attorney-General—\nif the chief executive received a submission from an eligible person in response to a hearing notice—the submission; or\ninformation that the eligible person has not given a submission in response to a hearing notice; or\ninformation that the eligible person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner.\nThe Attorney-General must place before the court for the hearing of the division 3 order any submission received from the eligible person before the hearing date.\ns 21A ins 2007 No. 35 s 5A\namd 2010 No. 34 s 19\n(sec.21A-ssec.1) As soon as practicable after the court sets a date for the hearing for making its final decision under section 22 in relation to the prisoner, the chief executive must give written notice ( hearing notice ) of the issue of the warrant and hearing date to the following eligible person— subject to paragraph (b) , the person mentioned in section 9AA (1) (a) as the actual victim of the serious sexual offence for which the prisoner was serving a term or period of imprisonment; if the victim is under 18 years or has a legal incapacity, the victim’s parent or guardian.\n(sec.21A-ssec.1A) However, subsection (1) does not apply if— the chief executive has already given the eligible person a hearing notice for the prisoner; and the person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner.\n(sec.21A-ssec.2) The notice must invite the eligible person to give to the chief executive, before the date stated in the notice, a written submission stating— the person’s views about any further order or conditions of release to which the prisoner should be subject; and any other matters prescribed under a regulation.\n(sec.21A-ssec.3) It is sufficient compliance with subsection (1) for the chief executive to give the notice to the eligible person at the eligible person’s last-known address recorded in the eligible persons register.\n(sec.21A-ssec.3A) The chief executive must, before the hearing, give the Attorney-General— if the chief executive received a submission from an eligible person in response to a hearing notice—the submission; or information that the eligible person has not given a submission in response to a hearing notice; or information that the eligible person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner.\n(sec.21A-ssec.4) The Attorney-General must place before the court for the hearing of the division 3 order any submission received from the eligible person before the hearing date.\n- (a) subject to paragraph (b) , the person mentioned in section 9AA (1) (a) as the actual victim of the serious sexual offence for which the prisoner was serving a term or period of imprisonment;\n- (b) if the victim is under 18 years or has a legal incapacity, the victim’s parent or guardian.\n- (a) the chief executive has already given the eligible person a hearing notice for the prisoner; and\n- (b) the person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner.\n- (a) the person’s views about any further order or conditions of release to which the prisoner should be subject; and\n- (b) any other matters prescribed under a regulation.\n- (a) if the chief executive received a submission from an eligible person in response to a hearing notice—the submission; or\n- (b) information that the eligible person has not given a submission in response to a hearing notice; or\n- (c) information that the eligible person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner.","sortOrder":46},{"sectionNumber":"sec.22","sectionType":"section","heading":"Court may make further order","content":"### sec.22 Court may make further order\n\nThe following subsections apply if the court is satisfied, on the balance of probabilities, that the released prisoner is likely to contravene, is contravening, or has contravened, a requirement of the supervision order or interim supervision order (each the existing order ).\nUnless the released prisoner satisfies the court, on the balance of probabilities, that the adequate protection of the community can, despite the contravention or likely contravention of the existing order, be ensured by the existing order as amended under subsection (7) , the court must—\nif the existing order is a supervision order, rescind it and make a continuing detention order; or\nif the existing order is an interim supervision order, rescind it and make an order that the released prisoner be detained in custody for the period stated in the order.\nFor the purpose of deciding whether to make a continuing detention order as mentioned in subsection (2) (a) , the court may do any or all of the following—\nact on any evidence before it or that was before the court when the existing order was made;\nmake any order necessary to enable evidence of a kind mentioned in section 13 (4) to be brought before it, including, for example, an order—\nin the nature of a risk assessment order, subject to the restriction under section 8 (2) ; or\nfor the revision of a report about the released prisoner produced under section 8A ;\nconsider any further report or revised report in the nature of a report of a type mentioned in section 8A .\nTo remove any doubt, it is declared that the court need not make an order in the nature of a risk assessment order if the court is satisfied that the evidence otherwise available under subsection (3) is sufficient to make a decision under subsection (2) (a) .\nIf the court makes an order in the nature of a risk assessment order, the psychiatrist or each psychiatrist examining the released prisoner must prepare a report about the released prisoner and, for that purpose, section 11 applies.\nFor applying section 11 to the preparation of the report—\nsection 11 (2) applies with the necessary changes; and\nsection 11 (3) only applies to the extent that a report or information mentioned in the subsection has not previously been given to the psychiatrist.\nIf the released prisoner satisfies the court, on the balance of probabilities, that the adequate protection of the community can, despite the contravention or likely contravention of the existing order, be ensured by a supervision order or interim supervision order, the court—\nmust amend the existing order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements; and\nmay otherwise amend the existing order in a way the court considers appropriate—\nto ensure adequate protection of the community; or\nfor the prisoner’s rehabilitation or care or treatment.\nThe existing order may not be amended under subsection (7) (b) so as to remove any requirements mentioned in section 16 (1) .\ns 22 amd 2005 No. 70 s 80 ; 2006 No. 24 s 28\nsub 2007 No. 35 s 6\namd 2010 No. 34 s 20\n(sec.22-ssec.1) The following subsections apply if the court is satisfied, on the balance of probabilities, that the released prisoner is likely to contravene, is contravening, or has contravened, a requirement of the supervision order or interim supervision order (each the existing order ).\n(sec.22-ssec.2) Unless the released prisoner satisfies the court, on the balance of probabilities, that the adequate protection of the community can, despite the contravention or likely contravention of the existing order, be ensured by the existing order as amended under subsection (7) , the court must— if the existing order is a supervision order, rescind it and make a continuing detention order; or if the existing order is an interim supervision order, rescind it and make an order that the released prisoner be detained in custody for the period stated in the order.\n(sec.22-ssec.3) For the purpose of deciding whether to make a continuing detention order as mentioned in subsection (2) (a) , the court may do any or all of the following— act on any evidence before it or that was before the court when the existing order was made; make any order necessary to enable evidence of a kind mentioned in section 13 (4) to be brought before it, including, for example, an order— in the nature of a risk assessment order, subject to the restriction under section 8 (2) ; or for the revision of a report about the released prisoner produced under section 8A ; consider any further report or revised report in the nature of a report of a type mentioned in section 8A .\n(sec.22-ssec.4) To remove any doubt, it is declared that the court need not make an order in the nature of a risk assessment order if the court is satisfied that the evidence otherwise available under subsection (3) is sufficient to make a decision under subsection (2) (a) .\n(sec.22-ssec.5) If the court makes an order in the nature of a risk assessment order, the psychiatrist or each psychiatrist examining the released prisoner must prepare a report about the released prisoner and, for that purpose, section 11 applies.\n(sec.22-ssec.6) For applying section 11 to the preparation of the report— section 11 (2) applies with the necessary changes; and section 11 (3) only applies to the extent that a report or information mentioned in the subsection has not previously been given to the psychiatrist.\n(sec.22-ssec.7) If the released prisoner satisfies the court, on the balance of probabilities, that the adequate protection of the community can, despite the contravention or likely contravention of the existing order, be ensured by a supervision order or interim supervision order, the court— must amend the existing order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements; and may otherwise amend the existing order in a way the court considers appropriate— to ensure adequate protection of the community; or for the prisoner’s rehabilitation or care or treatment.\n(sec.22-ssec.8) The existing order may not be amended under subsection (7) (b) so as to remove any requirements mentioned in section 16 (1) .\n- (a) if the existing order is a supervision order, rescind it and make a continuing detention order; or\n- (b) if the existing order is an interim supervision order, rescind it and make an order that the released prisoner be detained in custody for the period stated in the order.\n- (a) act on any evidence before it or that was before the court when the existing order was made;\n- (b) make any order necessary to enable evidence of a kind mentioned in section 13 (4) to be brought before it, including, for example, an order— (i) in the nature of a risk assessment order, subject to the restriction under section 8 (2) ; or (ii) for the revision of a report about the released prisoner produced under section 8A ;\n- (i) in the nature of a risk assessment order, subject to the restriction under section 8 (2) ; or\n- (ii) for the revision of a report about the released prisoner produced under section 8A ;\n- (c) consider any further report or revised report in the nature of a report of a type mentioned in section 8A .\n- (i) in the nature of a risk assessment order, subject to the restriction under section 8 (2) ; or\n- (ii) for the revision of a report about the released prisoner produced under section 8A ;\n- (a) section 11 (2) applies with the necessary changes; and\n- (b) section 11 (3) only applies to the extent that a report or information mentioned in the subsection has not previously been given to the psychiatrist.\n- (a) must amend the existing order to include all of the requirements under section 16 (1) if the order does not already include all of those requirements; and\n- (b) may otherwise amend the existing order in a way the court considers appropriate— (i) to ensure adequate protection of the community; or (ii) for the prisoner’s rehabilitation or care or treatment.\n- (i) to ensure adequate protection of the community; or\n- (ii) for the prisoner’s rehabilitation or care or treatment.\n- (i) to ensure adequate protection of the community; or\n- (ii) for the prisoner’s rehabilitation or care or treatment.","sortOrder":47},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Appearance by Attorney-General","content":"### sec.22A Appearance by Attorney-General\n\nThe Attorney-General has a right of appearance before the court hearing a matter under section 21 or 22 and may do any or all of the following—\nmake submissions;\ncall evidence;\ntest the evidence before the court.\ns 22A ins 2007 No. 35 s 7\n- (a) make submissions;\n- (b) call evidence;\n- (c) test the evidence before the court.","sortOrder":48},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Return to custody of released prisoner","content":"## Return to custody of released prisoner","sortOrder":49},{"sectionNumber":"sec.23","sectionType":"section","heading":"Application of division","content":"### sec.23 Application of division\n\nThis division applies if, after being released from custody under a supervision order or interim supervision order, a released prisoner is sentenced to a term or period of imprisonment for any offence, other than an offence of a sexual nature.\ns 23 amd 2005 No. 70 s 81","sortOrder":50},{"sectionNumber":"sec.24","sectionType":"section","heading":"Period in custody not counted","content":"### sec.24 Period in custody not counted\n\nThe released prisoner’s supervision order or interim supervision order is suspended for any period the released prisoner is detained in custody on remand or serving the term of imprisonment.\nThe period for which the released prisoner’s supervision order or interim supervision order has effect as stated in the order is extended by any period the released prisoner is detained in custody.\ns 24 amd 2005 No. 70 s 82\n(sec.24-ssec.1) The released prisoner’s supervision order or interim supervision order is suspended for any period the released prisoner is detained in custody on remand or serving the term of imprisonment.\n(sec.24-ssec.2) The period for which the released prisoner’s supervision order or interim supervision order has effect as stated in the order is extended by any period the released prisoner is detained in custody.","sortOrder":51},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Disclosure provisions","content":"## Disclosure provisions","sortOrder":52},{"sectionNumber":"sec.25","sectionType":"section","heading":"Duty to disclose","content":"### sec.25 Duty to disclose\n\nThis section applies to an application for a division 3 order and for the hearing of a matter under section 22 .\nThe Attorney-General’s duty to disclose evidence or things in the Attorney-General’s possession is the same duty to disclose the prosecution has in a criminal proceeding.\nThe Attorney-General must disclose the evidence or things—\nfor an application for a division 3 order—at least 7 days before the application is heard; or\nfor the hearing of a matter under section 22 —as soon as practicable after—\nthe Attorney-General is given a copy of the warrant issued under section 20 for the prisoner to whom the matter relates; and\nthe warrant is executed.\nIf the Attorney-General can not comply with the time requirement because the thing to be disclosed was not in the Attorney-General’s possession in sufficient time, including, for example, because the thing did not exist at the time, the Attorney-General must disclose the thing as soon as practicable after it comes into the Attorney-General’s possession.\ns 25 amd 2007 No. 35 s 8\n(sec.25-ssec.1) This section applies to an application for a division 3 order and for the hearing of a matter under section 22 .\n(sec.25-ssec.2) The Attorney-General’s duty to disclose evidence or things in the Attorney-General’s possession is the same duty to disclose the prosecution has in a criminal proceeding.\n(sec.25-ssec.3) The Attorney-General must disclose the evidence or things— for an application for a division 3 order—at least 7 days before the application is heard; or for the hearing of a matter under section 22 —as soon as practicable after— the Attorney-General is given a copy of the warrant issued under section 20 for the prisoner to whom the matter relates; and the warrant is executed.\n(sec.25-ssec.4) If the Attorney-General can not comply with the time requirement because the thing to be disclosed was not in the Attorney-General’s possession in sufficient time, including, for example, because the thing did not exist at the time, the Attorney-General must disclose the thing as soon as practicable after it comes into the Attorney-General’s possession.\n- (a) for an application for a division 3 order—at least 7 days before the application is heard; or\n- (b) for the hearing of a matter under section 22 —as soon as practicable after— (i) the Attorney-General is given a copy of the warrant issued under section 20 for the prisoner to whom the matter relates; and (ii) the warrant is executed.\n- (i) the Attorney-General is given a copy of the warrant issued under section 20 for the prisoner to whom the matter relates; and\n- (ii) the warrant is executed.\n- (i) the Attorney-General is given a copy of the warrant issued under section 20 for the prisoner to whom the matter relates; and\n- (ii) the warrant is executed.","sortOrder":53},{"sectionNumber":"pt.3","sectionType":"part","heading":"Annual reviews","content":"# Annual reviews","sortOrder":54},{"sectionNumber":"sec.26","sectionType":"section","heading":"Purpose of this part","content":"### sec.26 Purpose of this part\n\nThe purpose of this part is to ensure that a prisoner’s continued detention under a continuing detention order is subject to regular review.","sortOrder":55},{"sectionNumber":"sec.27","sectionType":"section","heading":"Review—periodic","content":"### sec.27 Review—periodic\n\nIf the court makes a continuing detention order, it must review the order at the intervals provided for under this section.\nThe hearing for the first review and all submissions for the hearing must be completed within 2 years after the day the order first had effect.\nThere must be subsequent annual reviews while the order continues to have effect.\nEach annual review must start within 12 months after the completion of the hearing for the last review under this section.\nThe Attorney-General must make any application that is required to be made to cause the reviews to be carried out.\ns 27 amd 2010 No. 34 s 21\n(sec.27-ssec.1) If the court makes a continuing detention order, it must review the order at the intervals provided for under this section.\n(sec.27-ssec.1A) The hearing for the first review and all submissions for the hearing must be completed within 2 years after the day the order first had effect.\n(sec.27-ssec.1B) There must be subsequent annual reviews while the order continues to have effect.\n(sec.27-ssec.1C) Each annual review must start within 12 months after the completion of the hearing for the last review under this section.\n(sec.27-ssec.2) The Attorney-General must make any application that is required to be made to cause the reviews to be carried out.","sortOrder":56},{"sectionNumber":"sec.28","sectionType":"section","heading":"Review—application by prisoner","content":"### sec.28 Review—application by prisoner\n\nThe prisoner may apply to the court for the prisoner’s continuing detention order to be reviewed at any time after the court makes its first review under section 27 (1) if the court gives leave to apply on the ground that there are exceptional circumstances that relate to the prisoner.\nThe registrar must immediately forward a copy of the application to the Attorney-General.\nAs soon as practicable after the making of the application, the court must give directions to enable the application to be heard.\nSubject to any directions given by the court, the application must be heard as soon as practicable after the application is made.\n(sec.28-ssec.1) The prisoner may apply to the court for the prisoner’s continuing detention order to be reviewed at any time after the court makes its first review under section 27 (1) if the court gives leave to apply on the ground that there are exceptional circumstances that relate to the prisoner.\n(sec.28-ssec.2) The registrar must immediately forward a copy of the application to the Attorney-General.\n(sec.28-ssec.3) As soon as practicable after the making of the application, the court must give directions to enable the application to be heard.\n(sec.28-ssec.4) Subject to any directions given by the court, the application must be heard as soon as practicable after the application is made.","sortOrder":57},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Attorney-General may produce report","content":"### sec.28A Attorney-General may produce report\n\nSection 8A applies for any application under section 27 or 28 as if the application were an application for a division 3 order.\ns 28A ins 2010 No. 34 s 22","sortOrder":58},{"sectionNumber":"sec.29","sectionType":"section","heading":"Psychiatric reports to be prepared for review","content":"### sec.29 Psychiatric reports to be prepared for review\n\nUnless the court otherwise orders at the hearing of any application under this Act, for the purposes of a review under section 27 or 28 , the chief executive must arrange for the prisoner to be examined by 2 psychiatrists.\nFor subsection (1) and the purposes of a review, sections 11 and 12 apply with necessary changes.\nSubsection (1) authorises examinations of the prisoner by the 2 psychiatrists.\n(sec.29-ssec.1) Unless the court otherwise orders at the hearing of any application under this Act, for the purposes of a review under section 27 or 28 , the chief executive must arrange for the prisoner to be examined by 2 psychiatrists.\n(sec.29-ssec.2) For subsection (1) and the purposes of a review, sections 11 and 12 apply with necessary changes.\n(sec.29-ssec.3) Subsection (1) authorises examinations of the prisoner by the 2 psychiatrists.","sortOrder":59},{"sectionNumber":"sec.30","sectionType":"section","heading":"Review hearing","content":"### sec.30 Review hearing\n\nThis section applies if, on the hearing of a review under section 27 or 28 and having regard to the required matters, the court affirms a decision that the prisoner is a serious danger to the community in the absence of a division 3 order.\nOn the hearing of the review, the court may affirm the decision only if it is satisfied—\nby acceptable, cogent evidence; and\nto a high degree of probability;\nthat the evidence is of sufficient weight to affirm the decision.\nIf the court affirms the decision, the court may order that the prisoner—\ncontinue to be subject to the continuing detention order; or\nbe released from custody subject to a supervision order.\nIn deciding whether to make an order under subsection (3) (a) or (b) —\nthe paramount consideration is to be the need to ensure adequate protection of the community; and\nthe court must consider whether—\nadequate protection of the community can be reasonably and practicably managed by a supervision order; and\nrequirements under section 16 can be reasonably and practicably managed by corrective services officers.\nIf the court does not make the order under subsection (3) (a) , the court must rescind the continuing detention order.\nIn this section—\nrequired matters means all of the following—\nthe matters mentioned in section 13 (4) ;\nany report produced under section 28A .\ns 30 amd 2007 No. 35 s 8A ; 2010 No. 34 s 23\n(sec.30-ssec.1) This section applies if, on the hearing of a review under section 27 or 28 and having regard to the required matters, the court affirms a decision that the prisoner is a serious danger to the community in the absence of a division 3 order.\n(sec.30-ssec.2) On the hearing of the review, the court may affirm the decision only if it is satisfied— by acceptable, cogent evidence; and to a high degree of probability; that the evidence is of sufficient weight to affirm the decision.\n(sec.30-ssec.3) If the court affirms the decision, the court may order that the prisoner— continue to be subject to the continuing detention order; or be released from custody subject to a supervision order.\n(sec.30-ssec.4) In deciding whether to make an order under subsection (3) (a) or (b) — the paramount consideration is to be the need to ensure adequate protection of the community; and the court must consider whether— adequate protection of the community can be reasonably and practicably managed by a supervision order; and requirements under section 16 can be reasonably and practicably managed by corrective services officers.\n(sec.30-ssec.5) If the court does not make the order under subsection (3) (a) , the court must rescind the continuing detention order.\n(sec.30-ssec.6) In this section— required matters means all of the following— the matters mentioned in section 13 (4) ; any report produced under section 28A .\n- (a) by acceptable, cogent evidence; and\n- (b) to a high degree of probability;\n- (a) continue to be subject to the continuing detention order; or\n- (b) be released from custody subject to a supervision order.\n- (a) the paramount consideration is to be the need to ensure adequate protection of the community; and\n- (b) the court must consider whether— (i) adequate protection of the community can be reasonably and practicably managed by a supervision order; and (ii) requirements under section 16 can be reasonably and practicably managed by corrective services officers.\n- (i) adequate protection of the community can be reasonably and practicably managed by a supervision order; and\n- (ii) requirements under section 16 can be reasonably and practicably managed by corrective services officers.\n- (i) adequate protection of the community can be reasonably and practicably managed by a supervision order; and\n- (ii) requirements under section 16 can be reasonably and practicably managed by corrective services officers.\n- (a) the matters mentioned in section 13 (4) ;\n- (b) any report produced under section 28A .","sortOrder":60},{"sectionNumber":"pt.4","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":61},{"sectionNumber":"sec.31","sectionType":"section","heading":"Appeals","content":"### sec.31 Appeals\n\nThe Attorney-General or a prisoner in relation to whom a decision of the court under this Act has been made may appeal against the decision.\ns 31 amd 2007 No. 35 s 8B","sortOrder":62},{"sectionNumber":"sec.32","sectionType":"section","heading":"Time for appeal","content":"### sec.32 Time for appeal\n\nAn appeal must be started within 1 month after the decision is made (the appeal period ).\nOn application, the Court of Appeal may extend the appeal period.\n(sec.32-ssec.1) An appeal must be started within 1 month after the decision is made (the appeal period ).\n(sec.32-ssec.2) On application, the Court of Appeal may extend the appeal period.","sortOrder":63},{"sectionNumber":"sec.33","sectionType":"section","heading":"Starting appeal","content":"### sec.33 Starting appeal\n\nA person starts an appeal by filing a notice of appeal with the registrar.\nThe notice must—\nbe signed by the person or the person’s lawyer; and\nstate, briefly and precisely, the grounds of the appeal.\nIf the notice is not filed in the appeal period, the person must also file with the registrar a notice of application for extension of time for filing the notice.\n(sec.33-ssec.1) A person starts an appeal by filing a notice of appeal with the registrar.\n(sec.33-ssec.2) The notice must— be signed by the person or the person’s lawyer; and state, briefly and precisely, the grounds of the appeal.\n(sec.33-ssec.3) If the notice is not filed in the appeal period, the person must also file with the registrar a notice of application for extension of time for filing the notice.\n- (a) be signed by the person or the person’s lawyer; and\n- (b) state, briefly and precisely, the grounds of the appeal.","sortOrder":64},{"sectionNumber":"sec.34","sectionType":"section","heading":"Registrar to give respondent copies of particular documents","content":"### sec.34 Registrar to give respondent copies of particular documents\n\nThe registrar must give to the respondent to an appeal copies of any of the following documents filed with the registrar for the appeal—\nthe notice of appeal;\na notice of application for extension of time for filing a notice mentioned in paragraph (a) .\n- (a) the notice of appeal;\n- (b) a notice of application for extension of time for filing a notice mentioned in paragraph (a) .","sortOrder":65},{"sectionNumber":"sec.35","sectionType":"section","heading":"Abandoning applications for extensions","content":"### sec.35 Abandoning applications for extensions\n\nThis section applies to an applicant for extension of time within which to appeal.\nThe applicant, at any time after filing the application, may abandon it by giving to the registrar a notice of abandonment of application.\nThe application is taken to be refused by the Court of Appeal when the notice of abandonment is given to the registrar.\nHowever, if the court considers it necessary in the interests of justice, the Court of Appeal may set aside the abandonment and reinstate the application.\n(sec.35-ssec.1) This section applies to an applicant for extension of time within which to appeal.\n(sec.35-ssec.2) The applicant, at any time after filing the application, may abandon it by giving to the registrar a notice of abandonment of application.\n(sec.35-ssec.3) The application is taken to be refused by the Court of Appeal when the notice of abandonment is given to the registrar.\n(sec.35-ssec.4) However, if the court considers it necessary in the interests of justice, the Court of Appeal may set aside the abandonment and reinstate the application.","sortOrder":66},{"sectionNumber":"sec.36","sectionType":"section","heading":"Abandoning appeal","content":"### sec.36 Abandoning appeal\n\nAn appellant, at any time after starting an appeal, may abandon it by giving to the registrar a notice of abandonment of appeal.\nThe appeal is taken to be dismissed by the Court of Appeal when the notice is given to the registrar.\nHowever, if the Court of Appeal considers it necessary in the interests of justice, the Court of Appeal may set aside the abandonment and reinstate the appeal.\n(sec.36-ssec.1) An appellant, at any time after starting an appeal, may abandon it by giving to the registrar a notice of abandonment of appeal.\n(sec.36-ssec.2) The appeal is taken to be dismissed by the Court of Appeal when the notice is given to the registrar.\n(sec.36-ssec.3) However, if the Court of Appeal considers it necessary in the interests of justice, the Court of Appeal may set aside the abandonment and reinstate the appeal.","sortOrder":67},{"sectionNumber":"sec.37","sectionType":"section","heading":"Lawyer acting for prisoner","content":"### sec.37 Lawyer acting for prisoner\n\nA lawyer acting for a prisoner in an appeal must—\ngive written notice that the lawyer acts for the prisoner to the registrar; and\ngive a copy of the notice to the other party to the appeal.\nThe notice must state the lawyer’s—\naddress for service; and\ntelephone and facsimile number; and\nemail address, if any.\nThe lawyer must comply with subsection (1) —\nno later than 14 days before the day the appeal is set down for hearing (the hearing day ); or\nif the hearing day is sooner than the 14 days, as soon as possible.\nA lawyer acting for a prisoner who files a notice of appeal is taken to continue acting for the prisoner until the earliest of the following happens—\nthe lawyer gives a notice to the registrar under section 38 (1) ;\nthe lawyer is given the Court of Appeal’s leave to withdraw from acting for the prisoner under section 38 (2) .\n(sec.37-ssec.1) A lawyer acting for a prisoner in an appeal must— give written notice that the lawyer acts for the prisoner to the registrar; and give a copy of the notice to the other party to the appeal.\n(sec.37-ssec.2) The notice must state the lawyer’s— address for service; and telephone and facsimile number; and email address, if any.\n(sec.37-ssec.3) The lawyer must comply with subsection (1) — no later than 14 days before the day the appeal is set down for hearing (the hearing day ); or if the hearing day is sooner than the 14 days, as soon as possible.\n(sec.37-ssec.4) A lawyer acting for a prisoner who files a notice of appeal is taken to continue acting for the prisoner until the earliest of the following happens— the lawyer gives a notice to the registrar under section 38 (1) ; the lawyer is given the Court of Appeal’s leave to withdraw from acting for the prisoner under section 38 (2) .\n- (a) give written notice that the lawyer acts for the prisoner to the registrar; and\n- (b) give a copy of the notice to the other party to the appeal.\n- (a) address for service; and\n- (b) telephone and facsimile number; and\n- (c) email address, if any.\n- (a) no later than 14 days before the day the appeal is set down for hearing (the hearing day ); or\n- (b) if the hearing day is sooner than the 14 days, as soon as possible.\n- (a) the lawyer gives a notice to the registrar under section 38 (1) ;\n- (b) the lawyer is given the Court of Appeal’s leave to withdraw from acting for the prisoner under section 38 (2) .","sortOrder":68},{"sectionNumber":"sec.38","sectionType":"section","heading":"Lawyer withdrawing from acting for prisoner","content":"### sec.38 Lawyer withdrawing from acting for prisoner\n\nA lawyer who is no longer instructed to act for a prisoner in an appeal may withdraw from acting for the prisoner in the appeal by—\nas soon as possible after becoming aware that the lawyer is no longer instructed to act, giving the registrar written notice that the lawyer no longer acts for the prisoner; and\nat the same time, giving a copy of the notice to each of the following persons at the person’s address that is last known to the lawyer—\nthe other party to the appeal;\nthe prisoner.\nA lawyer who wants to withdraw from acting for a prisoner in an appeal, other than because the lawyer is no longer instructed to act for the prisoner, may withdraw by—\ngiving written notice to the registrar that the lawyer intends seeking the Court of Appeal’s leave to withdraw from acting for the prisoner in the appeal; and\ngiving a copy of the notice to—\nthe other party to the appeal; and\nthe prisoner; and\nobtaining the Court of Appeal’s leave to withdraw from acting for the prisoner in the proceeding.\nThe lawyer must give the notice or copy mentioned in subsection (2) —\nno later than 14 days before the hearing day; or\nif the hearing day is sooner than the 14 days, as soon as possible.\n(sec.38-ssec.1) A lawyer who is no longer instructed to act for a prisoner in an appeal may withdraw from acting for the prisoner in the appeal by— as soon as possible after becoming aware that the lawyer is no longer instructed to act, giving the registrar written notice that the lawyer no longer acts for the prisoner; and at the same time, giving a copy of the notice to each of the following persons at the person’s address that is last known to the lawyer— the other party to the appeal; the prisoner.\n(sec.38-ssec.2) A lawyer who wants to withdraw from acting for a prisoner in an appeal, other than because the lawyer is no longer instructed to act for the prisoner, may withdraw by— giving written notice to the registrar that the lawyer intends seeking the Court of Appeal’s leave to withdraw from acting for the prisoner in the appeal; and giving a copy of the notice to— the other party to the appeal; and the prisoner; and obtaining the Court of Appeal’s leave to withdraw from acting for the prisoner in the proceeding.\n(sec.38-ssec.3) The lawyer must give the notice or copy mentioned in subsection (2) — no later than 14 days before the hearing day; or if the hearing day is sooner than the 14 days, as soon as possible.\n- (a) as soon as possible after becoming aware that the lawyer is no longer instructed to act, giving the registrar written notice that the lawyer no longer acts for the prisoner; and\n- (b) at the same time, giving a copy of the notice to each of the following persons at the person’s address that is last known to the lawyer— (i) the other party to the appeal; (ii) the prisoner.\n- (i) the other party to the appeal;\n- (ii) the prisoner.\n- (i) the other party to the appeal;\n- (ii) the prisoner.\n- (a) giving written notice to the registrar that the lawyer intends seeking the Court of Appeal’s leave to withdraw from acting for the prisoner in the appeal; and\n- (b) giving a copy of the notice to— (i) the other party to the appeal; and (ii) the prisoner; and\n- (i) the other party to the appeal; and\n- (ii) the prisoner; and\n- (c) obtaining the Court of Appeal’s leave to withdraw from acting for the prisoner in the proceeding.\n- (i) the other party to the appeal; and\n- (ii) the prisoner; and\n- (a) no later than 14 days before the hearing day; or\n- (b) if the hearing day is sooner than the 14 days, as soon as possible.","sortOrder":69},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application for leave to be present","content":"### sec.39 Application for leave to be present\n\nIf a prisoner indicates on the notice of appeal that the prisoner wants to be present at the hearing of the appeal, the notice is taken also to be an application for leave to be present at the appeal.","sortOrder":70},{"sectionNumber":"sec.40","sectionType":"section","heading":"Prisoner detained in custody","content":"### sec.40 Prisoner detained in custody\n\nThis section applies to an appeal if the prisoner is not legally represented and is detained in custody.\nThe chief executive must give the registrar written notice that the prisoner is detained in custody.\nThe registrar may ask the Court of Appeal for directions about the appeal, including, for example, about the prisoner’s attendance at the appeal.\ns 40 amd 2006 No. 29 s 518 sch 3 ; 2007 No. 37 s 162 sch\n(sec.40-ssec.1) This section applies to an appeal if the prisoner is not legally represented and is detained in custody.\n(sec.40-ssec.2) The chief executive must give the registrar written notice that the prisoner is detained in custody.\n(sec.40-ssec.3) The registrar may ask the Court of Appeal for directions about the appeal, including, for example, about the prisoner’s attendance at the appeal.","sortOrder":71},{"sectionNumber":"sec.41","sectionType":"section","heading":"Stay of operation of decision","content":"### sec.41 Stay of operation of decision\n\nAn appeal does not stay the operation of the decision.\nHowever, if the court hearing an appeal is satisfied the appeal may not be finally decided until after the prisoner’s release day, the court may make an order—\nthat the prisoner’s release from custody be supervised; or\nthat the prisoner be detained in custody for the period stated in the order.\nIf the court hearing an appeal makes an order under subsection (2) (a) , the order must contain the requirements for the prisoner stated in section 16 (1) .\ns 41 amd 2005 No. 70 s 83 ; 2010 No. 34 s 24\n(sec.41-ssec.1) An appeal does not stay the operation of the decision.\n(sec.41-ssec.2) However, if the court hearing an appeal is satisfied the appeal may not be finally decided until after the prisoner’s release day, the court may make an order— that the prisoner’s release from custody be supervised; or that the prisoner be detained in custody for the period stated in the order. If the court hearing an appeal makes an order under subsection (2) (a) , the order must contain the requirements for the prisoner stated in section 16 (1) .\n- (a) that the prisoner’s release from custody be supervised; or\n- (b) that the prisoner be detained in custody for the period stated in the order.","sortOrder":72},{"sectionNumber":"sec.42","sectionType":"section","heading":"Court’s power to order re-arrest on appeal by Attorney-General","content":"### sec.42 Court’s power to order re-arrest on appeal by Attorney-General\n\nThis section applies if an order is made under section 41 (2) (b) for the detention of a prisoner.\nThe Court of Appeal, the judge of appeal or the court may, when the order is made or afterwards, issue a warrant for the prisoner’s apprehension and committal into custody.\ns 42 amd 2005 No. 70 s 84\n(sec.42-ssec.1) This section applies if an order is made under section 41 (2) (b) for the detention of a prisoner.\n(sec.42-ssec.2) The Court of Appeal, the judge of appeal or the court may, when the order is made or afterwards, issue a warrant for the prisoner’s apprehension and committal into custody.","sortOrder":73},{"sectionNumber":"sec.43","sectionType":"section","heading":"Court of Appeal’s powers on appeal","content":"### sec.43 Court of Appeal’s powers on appeal\n\nAn appeal is by way of rehearing.\nThe Court of Appeal—\nhas all the powers and duties of the court that made the decision appealed from; and\nmay draw inferences of fact, not inconsistent with the findings of the court; and\nmay, on special grounds, receive further evidence as to questions of fact, either orally in court, by affidavit or in another way; and\nmay order that the matter be remitted to the court for rehearing.\nSubsection (2) (a) does not limit the powers that the Court of Appeal has in its civil jurisdiction.\nIf the Court of Appeal orders that the matter be remitted to the court for rehearing and is satisfied the matter may not be reheard until after the prisoner’s release day, the Court of Appeal may make an order—\nthat the prisoner’s release from custody be supervised; or\nthat the prisoner be detained in custody for the period stated in the order.\nIf the Court of Appeal makes an order under subsection (4) (a) , the order must contain the requirements for the prisoner stated in section 16 (1) .\ns 43 amd 2005 No. 70 s 85\n(sec.43-ssec.1) An appeal is by way of rehearing.\n(sec.43-ssec.2) The Court of Appeal— has all the powers and duties of the court that made the decision appealed from; and may draw inferences of fact, not inconsistent with the findings of the court; and may, on special grounds, receive further evidence as to questions of fact, either orally in court, by affidavit or in another way; and may order that the matter be remitted to the court for rehearing.\n(sec.43-ssec.3) Subsection (2) (a) does not limit the powers that the Court of Appeal has in its civil jurisdiction.\n(sec.43-ssec.4) If the Court of Appeal orders that the matter be remitted to the court for rehearing and is satisfied the matter may not be reheard until after the prisoner’s release day, the Court of Appeal may make an order— that the prisoner’s release from custody be supervised; or that the prisoner be detained in custody for the period stated in the order. If the Court of Appeal makes an order under subsection (4) (a) , the order must contain the requirements for the prisoner stated in section 16 (1) .\n- (a) has all the powers and duties of the court that made the decision appealed from; and\n- (b) may draw inferences of fact, not inconsistent with the findings of the court; and\n- (c) may, on special grounds, receive further evidence as to questions of fact, either orally in court, by affidavit or in another way; and\n- (d) may order that the matter be remitted to the court for rehearing.\n- (a) that the prisoner’s release from custody be supervised; or\n- (b) that the prisoner be detained in custody for the period stated in the order.","sortOrder":74},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":75},{"sectionNumber":"sec.43AA","sectionType":"section","heading":"Contravention of relevant order","content":"### sec.43AA Contravention of relevant order\n\nA released prisoner who contravenes the relevant order for the released prisoner without a reasonable excuse commits a misdemeanour.\nMaximum penalty—2 years imprisonment.\nIf a released prisoner commits an offence against subsection (1) by removing or tampering with a stated device for the purpose of preventing the location of the released prisoner to be monitored, the released prisoner commits a crime.\nMinimum penalty—1 year’s imprisonment served wholly in a corrective services facility.\nMaximum penalty—5 years imprisonment.\nIn this section—\nstated device means a device a released prisoner is required to wear under the relevant order or a monitoring direction made under the relevant order.\ns 43AA ins 2010 No. 34 s 25\nsub 2014 No. 39 s 40\namd 2020 No. 15 s 63\n(sec.43AA-ssec.1) A released prisoner who contravenes the relevant order for the released prisoner without a reasonable excuse commits a misdemeanour. Maximum penalty—2 years imprisonment.\n(sec.43AA-ssec.2) If a released prisoner commits an offence against subsection (1) by removing or tampering with a stated device for the purpose of preventing the location of the released prisoner to be monitored, the released prisoner commits a crime. Minimum penalty—1 year’s imprisonment served wholly in a corrective services facility. Maximum penalty—5 years imprisonment.\n(sec.43AA-ssec.3) In this section— stated device means a device a released prisoner is required to wear under the relevant order or a monitoring direction made under the relevant order.","sortOrder":76},{"sectionNumber":"sec.43AB","sectionType":"section","heading":"Applying for change of name without permission","content":"### sec.43AB Applying for change of name without permission\n\nA person who is a released prisoner must obtain the chief executive’s written permission before applying to change the person’s name under—\nthe registration Act; or\nan equivalent law of another State providing for the registration of a change to the person’s name.\nIn deciding whether to give the permission, the chief executive must consider each of the following—\nthe safety and welfare of the person and other persons;\nthe person’s rehabilitation or care or treatment;\nwhether the chief executive reasonably believes the proposed name change could be used to further an unlawful activity or purpose;\nwhether the proposed change of name could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.\nSubsection (4) applies if the chief executive becomes aware that the person has failed to comply with subsection (1) in registering, under the registration Act, a change of name.\nThe chief executive may apply to the registrar under the registration Act for the cancellation of the registration.\ns 43AB ins 2010 No. 34 s 25\namd 2023 No. 17 s 170\n(sec.43AB-ssec.1) A person who is a released prisoner must obtain the chief executive’s written permission before applying to change the person’s name under— the registration Act; or an equivalent law of another State providing for the registration of a change to the person’s name.\n(sec.43AB-ssec.2) In deciding whether to give the permission, the chief executive must consider each of the following— the safety and welfare of the person and other persons; the person’s rehabilitation or care or treatment; whether the chief executive reasonably believes the proposed name change could be used to further an unlawful activity or purpose; whether the proposed change of name could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.\n(sec.43AB-ssec.3) Subsection (4) applies if the chief executive becomes aware that the person has failed to comply with subsection (1) in registering, under the registration Act, a change of name.\n(sec.43AB-ssec.4) The chief executive may apply to the registrar under the registration Act for the cancellation of the registration.\n- (a) the registration Act; or\n- (b) an equivalent law of another State providing for the registration of a change to the person’s name.\n- (a) the safety and welfare of the person and other persons;\n- (b) the person’s rehabilitation or care or treatment;\n- (c) whether the chief executive reasonably believes the proposed name change could be used to further an unlawful activity or purpose;\n- (d) whether the proposed change of name could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.","sortOrder":77},{"sectionNumber":"sec.43ABA","sectionType":"section","heading":"Applying for alteration of record of sex or recognised details certificate without permission","content":"### sec.43ABA Applying for alteration of record of sex or recognised details certificate without permission\n\nA person who is a released prisoner must obtain the chief executive’s written permission before applying—\nto alter the record of sex of the person in the relevant child register under the registration Act; or\nfor a recognised details certificate for the person under the registration Act; or\nto alter the record of sex of the person under an equivalent law of another State providing for the alteration of the record of sex of the person; or\nfor a recognised details certificate for the person under an equivalent law of another State providing for the issue of a recognised details certificate for the person.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nIn deciding whether to give the permission, the chief executive must consider each of the following—\nthe safety and welfare of the person and other persons;\nthe person’s rehabilitation or care or treatment;\nwhether the chief executive reasonably believes the proposed alteration of record of sex or recognised details certificate could be used to further an unlawful activity or purpose;\nwhether the proposed alteration of record of sex or recognised details certificate could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.\nSubsection (4) applies if the chief executive becomes aware that a released prisoner has failed to comply with subsection (1) (a) in altering the record of sex of the person under the registration Act .\nThe chief executive may apply to the registrar under the registration Act for the cancellation of the alteration of record of sex.\nSubsection (6) applies if the chief executive becomes aware that a released prisoner has failed to comply with subsection (1) (b) in being issued with a recognised details certificate for the person under the registration Act .\nThe chief executive may apply to the registrar under the registration Act for the cancellation of the recognised details certificate.\ns 43ABA ins 2023 No. 17 s 171\n(sec.43ABA-ssec.1) A person who is a released prisoner must obtain the chief executive’s written permission before applying— to alter the record of sex of the person in the relevant child register under the registration Act; or for a recognised details certificate for the person under the registration Act; or to alter the record of sex of the person under an equivalent law of another State providing for the alteration of the record of sex of the person; or for a recognised details certificate for the person under an equivalent law of another State providing for the issue of a recognised details certificate for the person. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.43ABA-ssec.2) In deciding whether to give the permission, the chief executive must consider each of the following— the safety and welfare of the person and other persons; the person’s rehabilitation or care or treatment; whether the chief executive reasonably believes the proposed alteration of record of sex or recognised details certificate could be used to further an unlawful activity or purpose; whether the proposed alteration of record of sex or recognised details certificate could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.\n(sec.43ABA-ssec.3) Subsection (4) applies if the chief executive becomes aware that a released prisoner has failed to comply with subsection (1) (a) in altering the record of sex of the person under the registration Act .\n(sec.43ABA-ssec.4) The chief executive may apply to the registrar under the registration Act for the cancellation of the alteration of record of sex.\n(sec.43ABA-ssec.5) Subsection (6) applies if the chief executive becomes aware that a released prisoner has failed to comply with subsection (1) (b) in being issued with a recognised details certificate for the person under the registration Act .\n(sec.43ABA-ssec.6) The chief executive may apply to the registrar under the registration Act for the cancellation of the recognised details certificate.\n- (a) to alter the record of sex of the person in the relevant child register under the registration Act; or\n- (b) for a recognised details certificate for the person under the registration Act; or\n- (c) to alter the record of sex of the person under an equivalent law of another State providing for the alteration of the record of sex of the person; or\n- (d) for a recognised details certificate for the person under an equivalent law of another State providing for the issue of a recognised details certificate for the person.\n- (a) the safety and welfare of the person and other persons;\n- (b) the person’s rehabilitation or care or treatment;\n- (c) whether the chief executive reasonably believes the proposed alteration of record of sex or recognised details certificate could be used to further an unlawful activity or purpose;\n- (d) whether the proposed alteration of record of sex or recognised details certificate could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.","sortOrder":78},{"sectionNumber":"sec.43AC","sectionType":"section","heading":"Indictable offences that must be heard and decided summarily on prosecution election","content":"### sec.43AC Indictable offences that must be heard and decided summarily on prosecution election\n\nThis section applies to a charge before a Magistrates Court of an offence against section 43AA .\nThe charge must be heard and decided summarily if the prosecution elects to have the charge heard and decided summarily.\nThis section is subject to section 43AE .\ns 43AC ins 2010 No. 34 s 25\nsub 2014 No. 39 s 41\n(sec.43AC-ssec.1) This section applies to a charge before a Magistrates Court of an offence against section 43AA .\n(sec.43AC-ssec.2) The charge must be heard and decided summarily if the prosecution elects to have the charge heard and decided summarily.\n(sec.43AC-ssec.3) This section is subject to section 43AE .","sortOrder":79},{"sectionNumber":"sec.43AD","sectionType":"section","heading":"Constitution of Magistrates Court","content":"### sec.43AD Constitution of Magistrates Court\n\nA Magistrates Court that summarily deals with an indictable offence under section 43AC must be constituted by a magistrate.\ns 43AD ins 2014 No. 39 s 41","sortOrder":80},{"sectionNumber":"sec.43AE","sectionType":"section","heading":"When Magistrates Court must abstain from jurisdiction","content":"### sec.43AE When Magistrates Court must abstain from jurisdiction\n\nA Magistrates Court must abstain from dealing summarily with a charge under section 43AC if satisfied, at any stage, and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\nIf the court abstains from jurisdiction, the proceeding for the charge must be conducted as a committal proceeding.\ns 43AE ins 2014 No. 39 s 41\n(sec.43AE-ssec.1) A Magistrates Court must abstain from dealing summarily with a charge under section 43AC if satisfied, at any stage, and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\n(sec.43AE-ssec.2) If the court abstains from jurisdiction, the proceeding for the charge must be conducted as a committal proceeding.","sortOrder":81},{"sectionNumber":"sec.43AF","sectionType":"section","heading":"Charge may be heard and decided where defendant arrested or served","content":"### sec.43AF Charge may be heard and decided where defendant arrested or served\n\nWithout limiting the places a charge may be heard summarily under section 43AC , the charge may also be heard and decided at a place appointed for holding magistrates courts within the district in which the accused person was arrested on the charge or served with the summons for the charge under the Justices Act 1886 .\ns 43AF ins 2014 No. 39 s 41","sortOrder":82},{"sectionNumber":"sec.43AG","sectionType":"section","heading":"Time for prosecution","content":"### sec.43AG Time for prosecution\n\nIf a Magistrates Court hears and decides a charge summarily under section 43AC , the Magistrates Court has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.\ns 43AG ins 2014 No. 39 s 41","sortOrder":83},{"sectionNumber":"sec.43AH","sectionType":"section","heading":"Maximum penalty for indictable offences dealt with summarily","content":"### sec.43AH Maximum penalty for indictable offences dealt with summarily\n\nThe maximum penalty that may be imposed on a summary conviction of an indictable offence is 3 years imprisonment or the maximum prescribed for the offence, whichever is the lesser.\nHowever, in no case may a person be punished more than if the offence had been dealt with on indictment.\ns 43AH ins 2014 No. 39 s 41\n(sec.43AH-ssec.1) The maximum penalty that may be imposed on a summary conviction of an indictable offence is 3 years imprisonment or the maximum prescribed for the offence, whichever is the lesser.\n(sec.43AH-ssec.2) However, in no case may a person be punished more than if the offence had been dealt with on indictment.","sortOrder":84},{"sectionNumber":"sec.43AI","sectionType":"section","heading":"Appeals against decision to decide charge summarily","content":"### sec.43AI Appeals against decision to decide charge summarily\n\nThis section applies if a person is summarily convicted or sentenced under section 43AC .\nThe grounds on which the person may appeal include that the Magistrates Court erred by deciding the conviction or sentence summarily.\nThe grounds on which the Attorney-General may appeal against sentence include that the Magistrates Court erred by deciding the sentence summarily.\nOn an appeal against a sentence relying on a ground that the Magistrates Court erred by proceeding summarily, the court deciding the appeal may, if it decides to vary the sentence, impose the sentence the court considers appropriate up to the maximum sentence that could have been imposed if the matter had been dealt with on indictment.\ns 43AI ins 2014 No. 39 s 41\n(sec.43AI-ssec.1) This section applies if a person is summarily convicted or sentenced under section 43AC .\n(sec.43AI-ssec.2) The grounds on which the person may appeal include that the Magistrates Court erred by deciding the conviction or sentence summarily.\n(sec.43AI-ssec.3) The grounds on which the Attorney-General may appeal against sentence include that the Magistrates Court erred by deciding the sentence summarily.\n(sec.43AI-ssec.4) On an appeal against a sentence relying on a ground that the Magistrates Court erred by proceeding summarily, the court deciding the appeal may, if it decides to vary the sentence, impose the sentence the court considers appropriate up to the maximum sentence that could have been imposed if the matter had been dealt with on indictment.","sortOrder":85},{"sectionNumber":"pt.5","sectionType":"part","heading":"General","content":"# General","sortOrder":86},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Persons who remain prisoners for particular purposes","content":"### sec.43A Persons who remain prisoners for particular purposes\n\nThis section provides for the application of this Act to a person.\nA person who is subject to a continuing detention order or interim detention order remains a prisoner.\nA person who is subject to a supervision order or interim supervision order remains a prisoner for the purposes of any relevant application, appeal or rehearing.\nA person who is released from custody, without an interim supervision order having being made, after the court sets a date for the hearing of an application for a division 3 order relating to the person remains a prisoner for the purposes of the application.\nA person who is released from custody, without an interim supervision order having being made, after the Court of Appeal makes an order under section 43 (2) (d) relating to the person remains a prisoner for the purposes of the rehearing.\nA person who is released from custody after the hearing of any application under this Act, without an interim supervision order having being made, remains a prisoner for the purposes of any appeal against the decision and for any subsequent appeal.\ns 43A ins 2005 No. 70 s 86\namd 2006 No. 24 s 29\n(sec.43A-ssec.1) This section provides for the application of this Act to a person.\n(sec.43A-ssec.2) A person who is subject to a continuing detention order or interim detention order remains a prisoner.\n(sec.43A-ssec.3) A person who is subject to a supervision order or interim supervision order remains a prisoner for the purposes of any relevant application, appeal or rehearing.\n(sec.43A-ssec.4) A person who is released from custody, without an interim supervision order having being made, after the court sets a date for the hearing of an application for a division 3 order relating to the person remains a prisoner for the purposes of the application.\n(sec.43A-ssec.5) A person who is released from custody, without an interim supervision order having being made, after the Court of Appeal makes an order under section 43 (2) (d) relating to the person remains a prisoner for the purposes of the rehearing.\n(sec.43A-ssec.6) A person who is released from custody after the hearing of any application under this Act, without an interim supervision order having being made, remains a prisoner for the purposes of any appeal against the decision and for any subsequent appeal.","sortOrder":87},{"sectionNumber":"sec.43B","sectionType":"section","heading":"Offence of contravening supervision order or interim supervision order","content":"### sec.43B Offence of contravening supervision order or interim supervision order\n\ns 43B ins 2007 No. 35 s 9\nom 2010 No. 34 s 26","sortOrder":88},{"sectionNumber":"sec.44","sectionType":"section","heading":"Hearings on the papers","content":"### sec.44 Hearings on the papers\n\nThe court may decide whether it is satisfied as required under section 8 (1) , 18 or 19D (2) entirely or partly from a consideration of the documents filed, without the prisoner or witnesses appearing or the prisoner consenting to, or being heard on, the matter being decided in that way.\nIn making its decision, the court may receive in evidence the following documents—\nthe prisoner’s antecedents and criminal history;\nanything relevant to the issue contained in the transcription of, or any medical, psychiatric, psychological or other report tendered in, any proceeding against the prisoner for a serious sexual offence.\nSubsection (1) is subject to section 49 .\ns 44 amd 2005 No. 70 s 87 ; 2010 No. 34 s 27 ; 2013 No. 3 s 61 sch 2\n(sec.44-ssec.1) The court may decide whether it is satisfied as required under section 8 (1) , 18 or 19D (2) entirely or partly from a consideration of the documents filed, without the prisoner or witnesses appearing or the prisoner consenting to, or being heard on, the matter being decided in that way.\n(sec.44-ssec.2) In making its decision, the court may receive in evidence the following documents— the prisoner’s antecedents and criminal history; anything relevant to the issue contained in the transcription of, or any medical, psychiatric, psychological or other report tendered in, any proceeding against the prisoner for a serious sexual offence.\n(sec.44-ssec.3) Subsection (1) is subject to section 49 .\n- (a) the prisoner’s antecedents and criminal history;\n- (b) anything relevant to the issue contained in the transcription of, or any medical, psychiatric, psychological or other report tendered in, any proceeding against the prisoner for a serious sexual offence.","sortOrder":89},{"sectionNumber":"sec.45","sectionType":"section","heading":"Other hearings","content":"### sec.45 Other hearings\n\nThis section applies to the following matters—\nan application for a division 3 order;\nan application for review under section 27 or 28 ;\na proceeding for a further order under section 22 .\nSubject to the admissibility of the evidence, before the court makes a decision or order on the hearing of the matter it must—\nhear evidence called by the Attorney-General; and\nhear evidence given or called by the prisoner, if the prisoner elects to give or call evidence.\nSubject to subsection (4) , ordinary rules of evidence apply to evidence given or called under subsection (2) .\nIn making its decision, the court may receive in evidence the following documents—\nthe prisoner’s antecedents and criminal history;\nanything relevant to the issue contained in the transcription of, or any medical, psychiatric, psychological or other report tendered in, any proceeding against the prisoner for a serious sexual offence.\ns 45 amd 2007 No. 35 s 10 ; 2013 No. 3 s 61 sch 2\n(sec.45-ssec.1) This section applies to the following matters— an application for a division 3 order; an application for review under section 27 or 28 ; a proceeding for a further order under section 22 .\n(sec.45-ssec.2) Subject to the admissibility of the evidence, before the court makes a decision or order on the hearing of the matter it must— hear evidence called by the Attorney-General; and hear evidence given or called by the prisoner, if the prisoner elects to give or call evidence.\n(sec.45-ssec.3) Subject to subsection (4) , ordinary rules of evidence apply to evidence given or called under subsection (2) .\n(sec.45-ssec.4) In making its decision, the court may receive in evidence the following documents— the prisoner’s antecedents and criminal history; anything relevant to the issue contained in the transcription of, or any medical, psychiatric, psychological or other report tendered in, any proceeding against the prisoner for a serious sexual offence.\n- (a) an application for a division 3 order;\n- (b) an application for review under section 27 or 28 ;\n- (c) a proceeding for a further order under section 22 .\n- (a) hear evidence called by the Attorney-General; and\n- (b) hear evidence given or called by the prisoner, if the prisoner elects to give or call evidence.\n- (a) the prisoner’s antecedents and criminal history;\n- (b) anything relevant to the issue contained in the transcription of, or any medical, psychiatric, psychological or other report tendered in, any proceeding against the prisoner for a serious sexual offence.","sortOrder":90},{"sectionNumber":"sec.46","sectionType":"section","heading":"Court may give directions","content":"### sec.46 Court may give directions\n\nThe court may give directions in relation to the conduct of a proceeding under this Act on its own initiative or on an application.","sortOrder":91},{"sectionNumber":"sec.47","sectionType":"section","heading":"Service on a prisoner","content":"### sec.47 Service on a prisoner\n\nIf a document is required under this Act to be given to a prisoner detained in custody, the document is taken to have been given to the prisoner if the document is given to the chief executive.\nIf, under subsection (1) , a document is given to the chief executive, the chief executive must give the document to the prisoner without undue delay.\ns 47 amd 2006 No. 29 s 518 sch 3 ; 2007 No. 37 s 162 sch\n(sec.47-ssec.1) If a document is required under this Act to be given to a prisoner detained in custody, the document is taken to have been given to the prisoner if the document is given to the chief executive.\n(sec.47-ssec.2) If, under subsection (1) , a document is given to the chief executive, the chief executive must give the document to the prisoner without undue delay.","sortOrder":92},{"sectionNumber":"sec.48","sectionType":"section","heading":"Service or filing by a prisoner","content":"### sec.48 Service or filing by a prisoner\n\nIf a prisoner detained in custody is unrepresented and is required under this Act to give or file a document, the prisoner may give the document to the chief executive.\nThe chief executive must give or file the document without undue delay.\ns 48 amd 2007 No. 37 s 162 sch\n(sec.48-ssec.1) If a prisoner detained in custody is unrepresented and is required under this Act to give or file a document, the prisoner may give the document to the chief executive.\n(sec.48-ssec.2) The chief executive must give or file the document without undue delay.","sortOrder":93},{"sectionNumber":"sec.49","sectionType":"section","heading":"Appearance at hearings","content":"### sec.49 Appearance at hearings\n\nThe prisoner is entitled to appear at a preliminary hearing under section 8 or at a hearing under section 13 , 18 , 19D , 22 , 27 or 28 .\nSubsection (1) does not limit the court’s power under section 44 to deal with an application under section 8 , 18 or 19D if the prisoner does not appear at the hearing of the application.\ns 49 amd 2005 No. 70 s 88 ; 2007 No. 35 s 11 ; 2010 No. 34 s 28\n(sec.49-ssec.1) The prisoner is entitled to appear at a preliminary hearing under section 8 or at a hearing under section 13 , 18 , 19D , 22 , 27 or 28 .\n(sec.49-ssec.2) Subsection (1) does not limit the court’s power under section 44 to deal with an application under section 8 , 18 or 19D if the prisoner does not appear at the hearing of the application.","sortOrder":94},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Provisions about victim’s submissions and hearings","content":"### sec.49A Provisions about victim’s submissions and hearings\n\nThis section applies for a hearing at which a submission mentioned in section 9AA or 21A may be placed before a court.\nTo remove any doubt, it is declared that regard may be had to the submission even though it gives no details of the harm caused to the relevant victim by the serious sexual offence for which the submission was given.\nThe mere fact that a submission has not been placed before the court under the section does not, of itself, give rise to an inference—\nthat the serious sexual offence caused the relevant victim little or no harm; or\nthat the relevant victim has no interest in the outcome of the hearing.\ns 49A ins 2010 No. 34 s 29\n(sec.49A-ssec.1) This section applies for a hearing at which a submission mentioned in section 9AA or 21A may be placed before a court.\n(sec.49A-ssec.2) To remove any doubt, it is declared that regard may be had to the submission even though it gives no details of the harm caused to the relevant victim by the serious sexual offence for which the submission was given.\n(sec.49A-ssec.3) The mere fact that a submission has not been placed before the court under the section does not, of itself, give rise to an inference— that the serious sexual offence caused the relevant victim little or no harm; or that the relevant victim has no interest in the outcome of the hearing.\n- (a) that the serious sexual offence caused the relevant victim little or no harm; or\n- (b) that the relevant victim has no interest in the outcome of the hearing.","sortOrder":95},{"sectionNumber":"sec.50","sectionType":"section","heading":"Order for detention taken to be a warrant for Corrective Services Act","content":"### sec.50 Order for detention taken to be a warrant for Corrective Services Act\n\nAn order of the court or the Court of Appeal under this Act that a prisoner be detained in custody for the period stated in the order is taken to be a warrant committing the prisoner into custody for the Corrective Services Act 2006 .\ns 50 amd 2006 No. 29 s 518 sch 3","sortOrder":96},{"sectionNumber":"sec.51","sectionType":"section","heading":"Parole","content":"### sec.51 Parole\n\nThis section applies if—\nunder section 8 (1) , the court has set a date for the hearing of an application for a division 3 order in relation to a prisoner and the application has not been discontinued or finally decided; or\na prisoner is subject to a continuing detention order or interim detention order, whether or not the order has taken effect.\nThe prisoner is not eligible for parole under the Corrective Services Act 2006 or the Penalties and Sentences Act 1992 and can not be issued a parole order under those Acts.\nSubsections (4) and (5) apply if the prisoner is the subject of a parole order under the Corrective Services Act 2006 that—\nhas been suspended under that Act; and\nhas neither been cancelled under that Act nor has expired.\nFor subsection (1) (a) , if the suspension period for the parole order would, other than for this section, end before the application for the division 3 order is discontinued or finally decided, the suspension period is taken not to end before the application is discontinued or finally decided.\nFor subsection (1) (b) , if the suspension period for the parole order would, other than for this section, end while the prisoner is subject to the continuing detention order or interim detention order, the suspension period is taken not to end while the prisoner is subject to the order.\ns 51 amd 2005 No. 70 s 89\nsub 2006 No. 29 s 518 sch 3 ; 2010 No. 34 s 30 ; 2020 No. 15 s 64\n(sec.51-ssec.1) This section applies if— under section 8 (1) , the court has set a date for the hearing of an application for a division 3 order in relation to a prisoner and the application has not been discontinued or finally decided; or a prisoner is subject to a continuing detention order or interim detention order, whether or not the order has taken effect.\n(sec.51-ssec.2) The prisoner is not eligible for parole under the Corrective Services Act 2006 or the Penalties and Sentences Act 1992 and can not be issued a parole order under those Acts.\n(sec.51-ssec.3) Subsections (4) and (5) apply if the prisoner is the subject of a parole order under the Corrective Services Act 2006 that— has been suspended under that Act; and has neither been cancelled under that Act nor has expired.\n(sec.51-ssec.4) For subsection (1) (a) , if the suspension period for the parole order would, other than for this section, end before the application for the division 3 order is discontinued or finally decided, the suspension period is taken not to end before the application is discontinued or finally decided.\n(sec.51-ssec.5) For subsection (1) (b) , if the suspension period for the parole order would, other than for this section, end while the prisoner is subject to the continuing detention order or interim detention order, the suspension period is taken not to end while the prisoner is subject to the order.\n- (a) under section 8 (1) , the court has set a date for the hearing of an application for a division 3 order in relation to a prisoner and the application has not been discontinued or finally decided; or\n- (b) a prisoner is subject to a continuing detention order or interim detention order, whether or not the order has taken effect.\n- (a) has been suspended under that Act; and\n- (b) has neither been cancelled under that Act nor has expired.","sortOrder":97},{"sectionNumber":"sec.52","sectionType":"section","heading":"Approved forms","content":"### sec.52 Approved forms\n\nThe chief executive of the department within which this Act is administered may approve forms for use under this Act.","sortOrder":98},{"sectionNumber":"sec.53","sectionType":"section","heading":"Regulation-making power","content":"### sec.53 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":99},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provisions for Justice and Other Legislation Amendment Act 2005","content":"# Transitional provisions for Justice and Other Legislation Amendment Act 2005","sortOrder":100},{"sectionNumber":"sec.54","sectionType":"section","heading":"Amendment does not affect existing orders","content":"### sec.54 Amendment does not affect existing orders\n\nThe amendment of this Act by the Justice and Other Legislation Amendment Act 2005 , part 11 does not affect any order made under the Act and in force immediately before the commencement.\nAn order mentioned in subsection (1) continues to have effect according to its terms after the commencement.\nIn this section—\ncommencement means the commencement of this section.\ns 54 ins 2005 No. 70 s 90\n(sec.54-ssec.1) The amendment of this Act by the Justice and Other Legislation Amendment Act 2005 , part 11 does not affect any order made under the Act and in force immediately before the commencement.\n(sec.54-ssec.2) An order mentioned in subsection (1) continues to have effect according to its terms after the commencement.\n(sec.54-ssec.3) In this section— commencement means the commencement of this section.","sortOrder":101},{"sectionNumber":"sec.55","sectionType":"section","heading":"Transitional statements for particular provisions","content":"### sec.55 Transitional statements for particular provisions\n\nA court may make an order under section 8(2)(b)(i) even if the application to which the order relates was made before the commencement if the application has not been decided on the commencement.\nA court may make an order under section 9A(2) even if the application to which the order relates was made before the commencement if the application has not been decided on the commencement.\nA judicial authority may make an order under section 41(2) even if the appeal to which the order relates was started before the commencement.\nThe Court of Appeal may make an order under section 43(2)(d) or (4) even if the appeal to which the order relates was started before the commencement.\nSection 44(1) as in force immediately after the commencement applies even if the application to which the decision relates was started before the commencement.\nIn this section—\ncommencement means the commencement of this section.\ns 55 ins 2005 No. 70 s 90\n(sec.55-ssec.1) A court may make an order under section 8(2)(b)(i) even if the application to which the order relates was made before the commencement if the application has not been decided on the commencement.\n(sec.55-ssec.2) A court may make an order under section 9A(2) even if the application to which the order relates was made before the commencement if the application has not been decided on the commencement.\n(sec.55-ssec.3) A judicial authority may make an order under section 41(2) even if the appeal to which the order relates was started before the commencement.\n(sec.55-ssec.4) The Court of Appeal may make an order under section 43(2)(d) or (4) even if the appeal to which the order relates was started before the commencement.\n(sec.55-ssec.5) Section 44(1) as in force immediately after the commencement applies even if the application to which the decision relates was started before the commencement.\n(sec.55-ssec.6) In this section— commencement means the commencement of this section.","sortOrder":102},{"sectionNumber":"sec.56","sectionType":"section","heading":"Amendments not to affect status of persons who were prisoners for particular purposes","content":"### sec.56 Amendments not to affect status of persons who were prisoners for particular purposes\n\nWithout limiting section 43A, if, immediately before the commencement of this section, a person was or remained a prisoner for a purpose under the pre-amended Act, the person is or remains a prisoner for the purpose under the amended Act.\nIn this section—\namended Act means this Act as amended by the Justice and Other Legislation Amendment Act 2005 , part 11 .\npre-amended Act means this Act as in force immediately before the commencement of this section.\ns 56 ins 2005 No. 70 s 90\n(sec.56-ssec.1) Without limiting section 43A, if, immediately before the commencement of this section, a person was or remained a prisoner for a purpose under the pre-amended Act, the person is or remains a prisoner for the purpose under the amended Act.\n(sec.56-ssec.2) In this section— amended Act means this Act as amended by the Justice and Other Legislation Amendment Act 2005 , part 11 . pre-amended Act means this Act as in force immediately before the commencement of this section.","sortOrder":103},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions for Dangerous Prisoners (Sexual Offenders) Amendment Act 2007","content":"# Transitional provisions for Dangerous Prisoners (Sexual Offenders) Amendment Act 2007","sortOrder":104},{"sectionNumber":"sec.57","sectionType":"section","heading":"Application of amended Act to previous orders","content":"### sec.57 Application of amended Act to previous orders\n\nSubject to this section, this Act as amended applies in relation to any previous order.\nThis Act as amended applies to any contravention of a previous order that happens after the commencement.\nThis Act as in force immediately before the amendment applies, or continues to apply, in relation to any contravention of a previous order that happened before the commencement.\nIn this section—\namended means amended by the Dangerous Prisoners (Sexual Offenders) Amendment Act 2007 .\namendment means the amendment of this Act by the Dangerous Prisoners (Sexual Offenders) Amendment Act 2007 .\ncommencement means the commencement of this section.\nprevious order means a supervision order or an interim supervision order made before the commencement.\ns 57 ins 2007 No. 35 s 12\n(sec.57-ssec.1) Subject to this section, this Act as amended applies in relation to any previous order.\n(sec.57-ssec.2) This Act as amended applies to any contravention of a previous order that happens after the commencement.\n(sec.57-ssec.3) This Act as in force immediately before the amendment applies, or continues to apply, in relation to any contravention of a previous order that happened before the commencement.\n(sec.57-ssec.4) In this section— amended means amended by the Dangerous Prisoners (Sexual Offenders) Amendment Act 2007 . amendment means the amendment of this Act by the Dangerous Prisoners (Sexual Offenders) Amendment Act 2007 . commencement means the commencement of this section. previous order means a supervision order or an interim supervision order made before the commencement.","sortOrder":105},{"sectionNumber":"sec.58","sectionType":"section","heading":"Transitional statements for particular provisions","content":"### sec.58 Transitional statements for particular provisions\n\nSection 16(1)(da) and (db) do not apply to a supervision order or interim supervision order that is in force at the commencement (the existing order ), unless the court amends the requirements of the existing order to include the requirements stated in the paragraphs.\nWithout limiting the Acts Interpretation Act 1954 , section 20 , the repeal and re-enactment of section 22 does not affect any order made under section 22 before its repeal.\nSection 43B is not effective to impose criminal liability retrospectively.\nIn this section—\ncommencement means the commencement of this section.\ns 58 ins 2007 No. 35 s 12\n(sec.58-ssec.1) Section 16(1)(da) and (db) do not apply to a supervision order or interim supervision order that is in force at the commencement (the existing order ), unless the court amends the requirements of the existing order to include the requirements stated in the paragraphs.\n(sec.58-ssec.1A) Without limiting the Acts Interpretation Act 1954 , section 20 , the repeal and re-enactment of section 22 does not affect any order made under section 22 before its repeal.\n(sec.58-ssec.2) Section 43B is not effective to impose criminal liability retrospectively.\n(sec.58-ssec.3) In this section— commencement means the commencement of this section.","sortOrder":106},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions for Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010","content":"# Transitional provisions for Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010","sortOrder":107},{"sectionNumber":"sec.59","sectionType":"section","heading":"Application of s 13A to existing applications","content":"### sec.59 Application of s 13A to existing applications\n\nSection 13A applies to any application under this Act made but not decided before that section commences.\ns 59 ins 2010 No. 34 s 31","sortOrder":108},{"sectionNumber":"sec.60","sectionType":"section","heading":"Application of s 13A to reviews of existing continuing detention orders","content":"### sec.60 Application of s 13A to reviews of existing continuing detention orders\n\nThis section applies for a prisoner subject to a continuing detention order made before section 13A commences.\nSection 13A applies for the making of a supervision order under section 30 for the prisoner.\ns 60 ins 2010 No. 34 s 31\n(sec.60-ssec.1) This section applies for a prisoner subject to a continuing detention order made before section 13A commences.\n(sec.60-ssec.2) Section 13A applies for the making of a supervision order under section 30 for the prisoner.","sortOrder":109},{"sectionNumber":"sec.61","sectionType":"section","heading":"Existing supervision orders","content":"### sec.61 Existing supervision orders\n\nThis section applies to a supervision order or interim supervision order in force when this section commences.\nDespite section 13A, the order continues in force in accordance with its terms for the period stated in the order.\nTo remove any doubt, it is declared that part 2, division 4A applies to the order and the released prisoner subject to it.\ns 61 ins 2010 No. 34 s 31\n(sec.61-ssec.1) This section applies to a supervision order or interim supervision order in force when this section commences.\n(sec.61-ssec.2) Despite section 13A, the order continues in force in accordance with its terms for the period stated in the order.\n(sec.61-ssec.3) To remove any doubt, it is declared that part 2, division 4A applies to the order and the released prisoner subject to it.","sortOrder":110},{"sectionNumber":"sec.62","sectionType":"section","heading":"Transitional provision for directions under s 16B","content":"### sec.62 Transitional provision for directions under s 16B\n\nThis section applies to a supervision order or interim supervision order in force when this section commences (the existing order ).\nSection 16B does not apply to the relevant prisoner and section 16(1)(daa) and (db) do not apply to the existing order to the extent those provisions apply for a direction under section 16B.\nHowever, section 16B and section 16(1)(daa) and (db) do apply if, under section 19, 21 or 22, the court amends the requirements of the existing order to include a requirement to comply with any direction given to the relevant prisoner under section 16B.\ns 62 ins 2010 No. 34 s 31\n(sec.62-ssec.1) This section applies to a supervision order or interim supervision order in force when this section commences (the existing order ).\n(sec.62-ssec.2) Section 16B does not apply to the relevant prisoner and section 16(1)(daa) and (db) do not apply to the existing order to the extent those provisions apply for a direction under section 16B.\n(sec.62-ssec.3) However, section 16B and section 16(1)(daa) and (db) do apply if, under section 19, 21 or 22, the court amends the requirements of the existing order to include a requirement to comply with any direction given to the relevant prisoner under section 16B.","sortOrder":111},{"sectionNumber":"sec.63","sectionType":"section","heading":"First review period for particular existing continuing detention orders","content":"### sec.63 First review period for particular existing continuing detention orders\n\nThis section applies if—\na continuing detention order is in force when this section commences; and\nno application under section 27 or 28 has been made for the order.\nThe first review of the order must start within 12 months after the completion of the hearing for the order.\ns 63 ins 2010 No. 34 s 31\n(sec.63-ssec.1) This section applies if— a continuing detention order is in force when this section commences; and no application under section 27 or 28 has been made for the order.\n(sec.63-ssec.2) The first review of the order must start within 12 months after the completion of the hearing for the order.\n- (a) a continuing detention order is in force when this section commences; and\n- (b) no application under section 27 or 28 has been made for the order.","sortOrder":112},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions for Criminal Law Amendment Act 2014","content":"# Transitional provisions for Criminal Law Amendment Act 2014","sortOrder":113},{"sectionNumber":"sec.64","sectionType":"section","heading":"Application of amended s 43AA to previous orders","content":"### sec.64 Application of amended s 43AA to previous orders\n\nAmended section 43AA applies to any contravention of a previous order that happens after the commencement.\nPrevious section 43AA applies, or continues to apply, in relation to any contravention of a previous order that happened before the commencement.\nIn this section—\namended section 43AA means section 43AA as amended by the Criminal Law Amendment Act 2014 .\ncommencement means the commencement of this section.\nprevious order means a supervision order or an interim supervision order made before the commencement.\nprevious section 43AA means section 43AA as in force immediately before the commencement.\ns 64 ins 2014 No. 39 s 42\n(sec.64-ssec.1) Amended section 43AA applies to any contravention of a previous order that happens after the commencement.\n(sec.64-ssec.2) Previous section 43AA applies, or continues to apply, in relation to any contravention of a previous order that happened before the commencement.\n(sec.64-ssec.3) In this section— amended section 43AA means section 43AA as amended by the Criminal Law Amendment Act 2014 . commencement means the commencement of this section. previous order means a supervision order or an interim supervision order made before the commencement. previous section 43AA means section 43AA as in force immediately before the commencement.","sortOrder":114},{"sectionNumber":"sec.65","sectionType":"section","heading":"Application of amended definition of serious sexual offence","content":"### sec.65 Application of amended definition of serious sexual offence\n\nFor the purposes of this Act, the amended definition of serious sexual offence applies to include an offence mentioned in the amended definition that was committed before the commencement of the Criminal Law Amendment Act 2014 .\nIn this section—\namended definition of serious sexual offence means the schedule, definition serious sexual offence as amended by the Criminal Law Amendment Act 2014 .\ns 65 ins 2014 No. 39 s 42\n(sec.65-ssec.1) For the purposes of this Act, the amended definition of serious sexual offence applies to include an offence mentioned in the amended definition that was committed before the commencement of the Criminal Law Amendment Act 2014 .\n(sec.65-ssec.2) In this section— amended definition of serious sexual offence means the schedule, definition serious sexual offence as amended by the Criminal Law Amendment Act 2014 .","sortOrder":115},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional and declaratory provisions for Justice and Other Legislation Amendment Act 2020","content":"# Transitional and declaratory provisions for Justice and Other Legislation Amendment Act 2020","sortOrder":116},{"sectionNumber":"sec.70","sectionType":"section","heading":"Pending application for division 3 order","content":"### sec.70 Pending application for division 3 order\n\nThis section applies if—\nan application was made for an order or orders under section 8 and a division 3 order in relation to a person before the commencement; and\nthe application had not been discontinued or finally decided immediately before the commencement.\nSection 5, as amended under the Justice and Other Legislation Amendment Act 2020 , is taken to have applied in relation to the application from when the application was made.\ns 70 ins 2020 No. 15 s 65\n(sec.70-ssec.1) This section applies if— an application was made for an order or orders under section 8 and a division 3 order in relation to a person before the commencement; and the application had not been discontinued or finally decided immediately before the commencement.\n(sec.70-ssec.2) Section 5, as amended under the Justice and Other Legislation Amendment Act 2020 , is taken to have applied in relation to the application from when the application was made.\n- (a) an application was made for an order or orders under section 8 and a division 3 order in relation to a person before the commencement; and\n- (b) the application had not been discontinued or finally decided immediately before the commencement.","sortOrder":117},{"sectionNumber":"sec.71","sectionType":"section","heading":"Existing division 3 order","content":"### sec.71 Existing division 3 order\n\nThis section applies if —\na division 3 order was made in relation to a person before the commencement; and\nthe order was in force immediately before the commencement.\nSection 5, as amended under the Justice and Other Legislation Amendment Act 2020 —\nis taken to apply, and to have always applied, in relation to the division 3 order; and\nis taken to have applied in relation to—\nthe application for an order or orders under section 8 and for the division 3 order in relation to the person; and\nany order made under section 8(2) in relation to the person.\nThis section applies despite the Acts Interpretation Act 1954 , section 20 .\ns 71 ins 2020 No. 15 s 65\n(sec.71-ssec.1) This section applies if — a division 3 order was made in relation to a person before the commencement; and the order was in force immediately before the commencement.\n(sec.71-ssec.2) Section 5, as amended under the Justice and Other Legislation Amendment Act 2020 — is taken to apply, and to have always applied, in relation to the division 3 order; and is taken to have applied in relation to— the application for an order or orders under section 8 and for the division 3 order in relation to the person; and any order made under section 8(2) in relation to the person.\n(sec.71-ssec.3) This section applies despite the Acts Interpretation Act 1954 , section 20 .\n- (a) a division 3 order was made in relation to a person before the commencement; and\n- (b) the order was in force immediately before the commencement.\n- (a) is taken to apply, and to have always applied, in relation to the division 3 order; and\n- (b) is taken to have applied in relation to— (i) the application for an order or orders under section 8 and for the division 3 order in relation to the person; and (ii) any order made under section 8(2) in relation to the person.\n- (i) the application for an order or orders under section 8 and for the division 3 order in relation to the person; and\n- (ii) any order made under section 8(2) in relation to the person.\n- (i) the application for an order or orders under section 8 and for the division 3 order in relation to the person; and\n- (ii) any order made under section 8(2) in relation to the person.","sortOrder":118}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its 2003 core purpose of post-sentence preventive detention for a narrow class of serious sexual offenders. Amendments have broadened scope to encompass extended supervision regimes (including electronic monitoring, curfew and residence directions under ss 16A-16B), annual reviews of detention orders, victim input mechanisms, further supervision orders after expiry (Part 2 Division 4A), specific offences for contravention or tampering with devices (s 43AA), name-change and sex-alteration restrictions (ss 43AB-43ABA), and detailed interaction rules with parole and corrective services legislation. This has transformed it from a detention-focused statute into a comprehensive, ongoing risk-management framework with indefinite potential application."},"complexity_factors":["Extensive cross-referencing to the Corrective Services Act 2006, Youth Justice Act 1992, and other statutes (e.g. definitions of 'prison', 'parole order', 'serious sexual offence')","Multi-layered procedural divisions (preliminary hearings under s 8, psychiatric reports under ss 11-12, final orders under s 13, annual reviews under ss 27-30, contravention warrants under s 20)","Nested conditions and exceptions, including 'unacceptable risk' tests, 'high degree of probability' evidentiary thresholds in s 13(3), 'reasonable and practicably managed' supervision criteria in s 13(6), and detailed inconsistency rules for directions in ss 16, 16A-16C","Multiple order types and amendment pathways (continuing detention orders, supervision orders, interim orders, further supervision orders under s 19B, rescission on breach under s 22)","Incorporation of victim submission processes (ss 9AA, 21A), mandatory vs discretionary requirements in supervision orders (s 16(1) vs s 16(2)), and transitional provisions across nine parts that accumulate over 20 years of amendments"],"plain_english_summary":"**This Act allows Queensland courts to keep certain high-risk prisoners in custody or place them under strict supervision even after their criminal sentence ends.** It targets people who have served time for serious sexual offences (such as rape or sexual assault against adults or children) and who the court decides pose an 'unacceptable risk' of committing another such offence if released without controls. \n\nThe main goals are to protect the community from that risk and to provide ongoing care or treatment to help the person rehabilitate. The Attorney-General can apply to the Supreme Court in the final six months of a prisoner's sentence. The process includes a preliminary hearing, psychiatric risk assessments, and a final hearing where the court must be satisfied 'to a high degree of probability' on strong evidence before making orders. \n\nPossible outcomes are a continuing detention order (indefinite custody for control, care or treatment) or a supervision order (release with mandatory conditions like regular reporting to corrective services officers, curfews, electronic monitoring, residence approvals, no unauthorised interstate travel, and no sexual offences). These orders can last at least five years and are reviewed annually if detention continues. The law also covers breaches (which can send someone back to custody), victim input, appeals, and rules ensuring the orders interact with prison and parole laws. It affects prisoners, victims, corrective services staff, psychiatrists and the Attorney-General, prioritising community safety above all else when decisions are made."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as presented has been amended repeatedly and its operational scope has expanded from its original framework. Amendments and inserted provisions broadened or clarified supervisory powers (curfew and monitoring directions, s 16A; corrective services directions, s 16B; criteria for directions, s 16C), added victim notification and submission pathways (s 9AA, s 21A), created specific offences and penalties for contravention and tampering with monitoring devices (s 43AA), introduced requirements for chief executive approval before name or sex‑record changes while under supervision (s 43AB, s 43ABA), set minimum supervisory periods (s 13A) and extended the Act’s interaction with parole and other statutes (s 51). Transitional clauses (multiple sections in pts 6–11) preserve or phase in these changes for existing orders and cases. These textual additions and transitional rules indicate the Act’s scope has evolved to include expanded supervisory tools, new enforcement mechanisms and additional procedural steps for victims and administrators (see s 16, s 16A, s 16B, s 9AA, s 21A, s 43AA, s 43AB, s 13A, s 51 and the transitional provisions such as s 55–63 and s 70–71)."},"complexity_factors":["Multi‑stage process with tight procedural timings (application filed in last 6 months; preliminary hearing within 28 business days; time windows for disclosure and service) (s 5, s 25)","High evidentiary and evaluative standard: \"acceptable, cogent evidence\" to \"a high degree of probability\" (s 13(3), s 30(2))","Overlap of criminal, administrative and civil‑style procedures (preventive detention orders, supervisory conditions, and criminal penalties for contravention) (s 13, s 16, s 43AA)","Multiple decision‑makers and agencies (Attorney‑General prosecutes application; courts decide; chief executive supplies reports and notifies victims; corrective services officers exercise day‑to‑day control; police may execute warrants) (s 5, s 8A, s 9AA, s 16, s 20)","Extensive expert evidence requirement (two independent psychiatrists, access to third‑party records, compulsion and immunity provisions) (s 9, s 11, s 12)","Detailed supervisory regime with discretionary operational directions and statutory limits (curfew, monitoring devices, residence approvals, and decisions by corrective services officers subject to necessity/reasonableness tests) (s 16, s 16A, s 16B, s 16C)","Frequent mandatory reviews and appeal pathways requiring coordination between reviews, interim orders and ongoing imprisonment status (pt 3, pt 4)","Numerous amendments and transitional provisions that modify application, timing, and scope across cohorts (2010, 2014, 2020 and other insertions noted in the text) increasing interpretative complexity (see transitional sections generally, e.g. s 55–71)"],"plain_english_summary":"# What this law does (mechanically)\n\n- Creates a court-centred process for the Attorney‑General to ask a court to continue to detain, or to supervise after release, people who are serving sentences for \"serious sexual offences\" (Attorney‑General initiates applications; s 5).  \n- Requires a short preliminary hearing after an application is filed; if the court finds reasonable grounds the matter proceeds to a full hearing and the court can order interim detention or interim supervised release and order psychiatric examinations (s 5, s 8).  \n- Mandates psychiatric risk assessments by two psychiatrists and gives those experts access to relevant records (s 9, s 11, s 12).  \n- At the full hearing the court may, if it is satisfied by acceptable, cogent evidence to a high degree of probability that the person is an \"unacceptable risk\", make either a continuing detention order (indefinite detention for control, care or treatment) or a supervision order (release subject to conditions) (s 13).  \n- Supervision orders must include a set of mandatory requirements (reporting, supervision by corrective services, notification of name/address/employment changes, not leaving Queensland without permission, not committing sexual offences while subject to the order) and may include additional requirements such as distance-from-school restrictions, residence bans, and wearing monitoring devices (s 16, s 16A).  \n- Corrective services officers may give reasonable directions to a released prisoner to implement curfews, monitoring and rehabilitation requirements, subject to statutory limits and a test of necessity (s 16A, s 16B, s 16C).  \n- The court must give detailed reasons for any continuing detention or supervision order (s 17).  \n- Continuing detention orders are subject to regular reviews (first review within 2 years and then annually) and the prisoner has a limited right to apply for out‑of‑turn review on exceptional circumstances (pt 3; s 27, s 28).  \n- There are procedures for arrest and return to custody where police or corrective services reasonably suspect contravention of supervision requirements, and the court can convert supervision into detention after a hearing (s 20–22).  \n- Contravening supervision requirements is an offence with statutory penalties; tampering with a monitoring device carries heavier mandatory minima and maxima (s 43AA).  \n- Victims can be notified and invited to make written submissions about proposed orders (s 9AA, s 21A).  \n- The Act contains disclosure obligations for the Attorney‑General analogous to prosecution disclosure (s 25), provisions allowing some matters to be decided on papers (s 44), and an appeal regime (pt 4).  \n- The Act interacts with other laws (parole laws, youth justice, registration laws) and contains transitional clauses for amendments (see numerous transitional sections).\n\n# Who is affected and who decides\n\n- The Attorney‑General decides whether to start the process and must file the application within the last 6 months of the prisoner’s sentence (s 5).  \n- The Supreme Court (or relevant court) determines, through a sequence of hearings, whether the statutory high evidentiary standard is met and whether to make a continuing detention order or a supervision order (s 8, s 13).  \n- The chief executive (departmental head) prepares or supplies reports to the Attorney‑General and must arrange psychiatric examinations and give notices to victims (s 8A, s 11, s 9AA, s 21A).  \n- Corrective services officers implement and supervise released prisoners and have statutory power to give directions to enforce curfews, monitoring and treatment (s 16, s 16A, s 16B, s 16C).  \n- Police and corrective services officers may apply for arrest warrants and effect arrest where they reasonably suspect contravention (s 20).\n\n# Costs, incentives and compliance burden (mechanisms)\n\n- The state bears the direct costs of continued detention, arranging two psychiatric assessments, supervision resources, and monitoring technology (s 11, s 12, s 16, s 16A). Those costs rise if the court orders device monitoring or frequent officer visits.  \n- Prisoners face mandatory reporting duties, residence and movement limits, monitoring-device requirements and other conditions that restrict freedom of movement and personal choice while the order is in effect (s 16, s 16A).  \n- Corrective services officers exercise discretion to issue directions for curfew, accommodation and treatment so long as the officer reasonably believes the direction is necessary for community protection or rehabilitation (s 16A, s 16B, s 16C). That places operational burdens on corrective services to assess, record and justify directions.  \n- The Attorney‑General carries the evidentiary onus to prove the prisoner is a serious danger to the community (s 13(7)), which creates an incentive for the state to assemble expert reports and disclosure material (s 11, s 12, s 25).  \n- The court must test the state’s case against a high threshold — \"acceptable, cogent evidence\" to \"a high degree of probability\" (s 13(3)) — which shapes litigation strategy, the need for expert evidence, and procedural timings (s 5, s 8, s 13).  \n\n# Implementation and risk points\n\n- The Act requires availability of two psychiatrists for each assessment and access to records that may be held by third parties; where those parties refuse, the chief executive can apply to the court to compel disclosure (s 11(3)–(6)). That imposes administrative and evidentiary tasks on the chief executive and courts.  \n- Supervision requires ongoing operational capacity: officer visits, curfew monitoring, device installation and maintenance, and tracking of compliance; the Act requires the court to assess practicability of supervision (s 8A, s 13(6)).  \n- Enforcement mixes civil‑style preventive orders with criminal sanctions for contravention; that dual track requires coordination between corrective services, police and prosecutors and creates procedural interfaces (s 20, s 22, s 43AA).  \n- Victim submissions are formally invited and must be passed to the Attorney‑General and to the court, adding administrative steps for the chief executive and the prosecution (s 9AA, s 21A).  \n\n# Trade‑offs the text makes explicit\n\n- The statute makes \"adequate protection of the community\" the paramount consideration but requires the court to weigh whether supervision can reasonably and practicably achieve that protection (s 13(6), s 30(4)). That creates a direct legal trade‑off between indefinite detention and supervised release under operational constraints.  \n- The Act centralises decision‑making in the courts (evidentiary testing and reasoned decisions) while giving operational discretion to corrective services officers to manage day‑to‑day compliance (s 13, s 16–16C).  \n\n# Why it matters (official rationale and how the law enacts it)\n\n- The Act states its objects are to provide for continued detention or supervised release to ensure adequate community protection and to provide continuing control, care or treatment to facilitate rehabilitation (s 3). Mechanically, it does that by: (a) creating a court application and hearing process led by the Attorney‑General (s 5, s 8, s 13); (b) requiring psychiatric risk assessments and material disclosure to inform court determinations (s 11, s 12, s 25); and (c) providing orders that either keep the person in custody indefinitely or release them under detailed supervision and monitoring conditions (s 13, s 16, s 16A).  \n\n(References in parentheses are to the sections of the Act cited above.)"},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original 2003 scope. Originally targeted at adult prisoners serving sentences for serious sexual offences nearing release, subsequent amendments extended it to: young offenders transferred to adult correctional facilities; persons on suspended parole orders; a formal victim submission mechanism (added 2007); electronic monitoring and curfew direction powers (added 2007); the ability to apply for 'further supervision orders' to extend supervision beyond the original order's expiry (added 2010); and stronger mandatory minimum supervision periods of at least 5 years (added 2010). The corrective services officer direction-giving regime was also significantly strengthened, giving officers substantial day-to-day control over released prisoners beyond what court orders specify. These changes collectively represent a meaningful expansion in the reach, duration, and day-to-day intrusiveness of the regime."},"complexity_factors":["Multiple overlapping order types (continuing detention orders, supervision orders, interim detention orders, interim supervision orders, further supervision orders, risk assessment orders) each with distinct legal effects and triggers","Highly technical legal standards of proof that vary by context (e.g., 'high degree of probability' for initial detention vs 'balance of probabilities' for breach proceedings)","Complex procedural architecture with multiple hearing stages (preliminary hearing, full hearing, breach hearing, amendment hearings) each with different rules","Extensive cross-referencing between sections and to external legislation (Corrective Services Act 2006, Youth Justice Act 1992, Police Powers and Responsibilities Act 2000, Bail Act 1980)","Broad and layered definition of 'prisoner' covering multiple categories including adult prisoners, young offenders in adult facilities, and persons on suspended parole","The Act has been significantly amended multiple times since 2003 (2005, 2006, 2007, 2010, 2011, 2013, 2020, 2023, 2024), creating a patchwork of provisions that are difficult to read as a coherent whole","Provisions for further supervision orders (extending supervision after it expires) add an additional procedural layer with its own modified application of earlier provisions via deemed substitution (section 19D)","Nuanced rules around directional inconsistency between court-ordered conditions and corrective services officer directions requiring fine legal judgment to apply in practice","Serious constitutional tensions between post-sentence detention and fundamental rights (liberty, double punishment) requiring awareness of case law to fully understand","Victim notification regime with its own procedural obligations and interaction with broader order-making process"],"plain_english_summary":"## Dangerous Prisoners (Sexual Offenders) Act 2003 (Queensland)\n\n### What is this law?\n\nThis is a Queensland law that allows the government to **keep certain sex offenders locked up — or under strict supervision — even after they have finished their prison sentence**. It is one of Australia's most significant post-sentence detention laws.\n\n### Who does it affect?\n\n**Directly:** People who have been imprisoned for a \"serious sexual offence\" and are nearing the end of their sentence. This includes adults and some young offenders who have been transferred to adult prisons.\n\n**Indirectly:** Victims of sexual offences (who get a say in proceedings), corrective services officers (who supervise released offenders), and the general community (who the law is designed to protect).\n\n### How does it work — step by step?\n\n1. **Application:** In the last 6 months of a prisoner's sentence, the Queensland Attorney-General (the government's chief law officer) can apply to the Supreme Court to have the prisoner kept locked up or supervised after their release date.\n\n2. **Preliminary hearing:** Within 28 business days, the court holds a first hearing to decide if there are reasonable grounds to believe the prisoner poses a serious danger to the community. Both sides can submit sworn written evidence (called \"affidavits\").\n\n3. **Psychiatric assessments:** If the court proceeds, it orders two independent psychiatrists to examine the prisoner and write risk assessment reports. The prisoner must cooperate — but even if they don't, the psychiatrists must still write their report.\n\n4. **Full hearing:** The court then considers all the evidence, including the psychiatric reports, the prisoner's criminal history, whether they've engaged with rehabilitation programs, and victim submissions. The government must prove — to a **high degree of probability** — that the prisoner poses an unacceptable risk of reoffending.\n\n5. **The court's options:** If satisfied the prisoner is a serious danger, the court can either:\n   - Issue a **Continuing Detention Order** — keeping the person in prison indefinitely (until a future court review), OR\n   - Issue a **Supervision Order** — releasing the person but under strict conditions for at least 5 years.\n\n### What conditions can be imposed on a released offender?\n\nIf someone is released under a supervision order, they must (at minimum):\n- Report to corrective services officers regularly\n- Notify officers of any change of name, address, or job at least 2 business days before it happens\n- Stay in Queensland unless given permission to leave\n- Comply with curfews and electronic monitoring (like an ankle bracelet)\n- Not commit any sexual offence\n\nAdditional conditions can include:\n- Not living near schools or playgrounds\n- Not living with other convicted sex offenders\n- Participating in treatment programs\n- Only living at addresses approved by a corrective services officer\n- Restrictions on alcohol or drug use\n\n### What happens if they breach conditions?\n\nIf a released person is suspected of breaching their supervision order, police or corrective services officers can apply for an **arrest warrant**. Once arrested, the person is brought before the Supreme Court, where they are generally held in custody unless they can prove \"exceptional circumstances\" justify their release. The court can then upgrade their supervision order to a full detention order.\n\n### What about victims?\n\nVictims of the original offence (or their parents/guardians if they are under 18 or incapacitated) are notified of court hearings and invited to submit their views on what conditions should be imposed on the offender. Their submissions are placed before the court.\n\n### The big picture\n\nThis law is constitutionally controversial because it allows someone to be imprisoned **not for what they have done**, but for what they might do in the future. The law has been challenged in court multiple times. It prioritises **community protection** above all other considerations, but also requires the court to consider rehabilitation and whether supervision in the community could adequately manage the risk."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.3(a) and sec.3(b)","severity":"medium","reasoning":"The Act allows indefinite detention but simultaneously claims rehabilitation as an object. If rehabilitation is achieved, no automatic review or release mechanism is triggered by rehabilitation alone. The tension is structural: indefinite detention undermines the rehabilitative object, and rehabilitation cannot definitively end detention.","confidence":0.75,"description":"The dual objects of the Act — community protection and rehabilitation — are structurally irreconcilable. A continuing detention order under s.13(5)(a) is explicitly 'for an indefinite term', yet the Act simultaneously claims to facilitate rehabilitation (s.3(b)). There is no mechanism by which an indefinitely detained person can demonstrate sufficient rehabilitation to trigger release, and review provisions are reactive rather than proactive."},{"type":"impossible_compliance","section":"sec.5(2)(c)","severity":"low","reasoning":"The circularity of the definition of 'period of imprisonment' referencing back to the definition of 'prisoner' which itself references 'period of imprisonment' creates interpretive difficulty in determining the start of the 6-month window with certainty, particularly for the more complex prisoner categories in paragraphs (c) and (d).","confidence":0.6,"description":"The application must be made during the last 6 months of the prisoner's period of imprisonment. However, s.5(6) defines 'period of imprisonment' to include periods of suspended parole detention and youth justice detention periods. For prisoners whose sentence end date is uncertain or subject to parole suspension, it may be practically impossible to identify with precision when the last 6 months begins, creating a compliance ambiguity."},{"type":"circular_definition","section":"sec.5(6) — definition of 'prisoner'","severity":"medium","reasoning":"The 'period of imprisonment' definition in s.5(6) references 'the definition prisoner, paragraph (b)', 'the definition prisoner, paragraph (c)(iii)', and 'the definition prisoner, paragraph (d)(iii)'. The 'prisoner' definition itself uses 'period of imprisonment' in its core paragraph (a). While partially navigable in practice, this is a textbook circular definition that creates interpretive difficulty at the margins.","confidence":0.8,"description":"The definition of 'prisoner' in s.5(6) contains a circular dependency. The definition of 'period of imprisonment' in s.5(6) explicitly cross-references back to the definition of 'prisoner' paragraphs (b), (c)(iii) and (d)(iii). This creates a circular definitional structure where 'period of imprisonment' is defined partly by reference to 'prisoner', and 'prisoner' is defined partly by reference to 'period of imprisonment'."},{"type":"other","section":"sec.11(9)","severity":"high","reasoning":"Requiring a psychiatrist to produce a risk assessment without patient cooperation, and then requiring a court to give that assessment significant weight in deciding whether to detain someone indefinitely, creates a logical absurdity: the assessment is produced under conditions that would ordinarily invalidate it clinically, yet it carries statutory weight. The prisoner's non-cooperation may itself be counted against them under s.13(4)(a).","confidence":0.85,"description":"The psychiatrist is required to prepare a report even if the prisoner does not cooperate or does not cooperate fully in the examination. Combined with s.11(2), the report must indicate the psychiatrist's assessment of the risk level that the prisoner will commit another serious sexual offence. A psychiatric risk assessment prepared without any cooperation from the subject is inherently unreliable and potentially pseudo-scientific, yet the court is required under s.13(4)(a) to have regard to these reports as key evidence for indefinite detention."},{"type":"self_contradicting","section":"sec.13(5) and sec.13(6)","severity":"low","reasoning":"The grant of discretion in s.13(5) is structurally undermined by s.13(6), which establishes a paramount consideration and mandatory inquiries that effectively channel the discretion. This is not illegal but represents a logical tension between the apparent breadth of discretion and its practical constraints.","confidence":0.65,"description":"The court 'may' order either continuing detention or a supervision order under s.13(5) once it is satisfied the prisoner is a serious danger to the community. However, s.13(6) states the paramount consideration is community protection and the court must consider whether adequate protection 'can be reasonably and practicably managed' by a supervision order. The discretionary 'may' in s.13(5) becomes functionally constrained by the mandatory considerations in s.13(6), creating an illusory discretion — if the court cannot satisfy s.13(6)(b), it must effectively order detention, making the 'may' misleading."},{"type":"impossible_compliance","section":"sec.16(1)(c)","severity":"high","reasoning":"Requiring advance notice before a change happens presupposes that all changes are planned and voluntary. Sudden eviction, employer-initiated termination, or emergency relocation cannot realistically comply with a requirement of 2 business days prior notice. Breach of this mandatory requirement exposes the released prisoner to arrest and potential continuing detention under ss.20-22.","confidence":0.9,"description":"A released prisoner is required to notify a corrective services officer of every change of name, place of residence or employment at least 2 business days BEFORE the change happens. This is impossible compliance in cases of involuntary or sudden changes — for example, being evicted, losing employment without notice, or a residential care placement ending without warning. The prisoner cannot give prior notice of events beyond their control."},{"type":"self_contradicting","section":"sec.19B(4) and sec.19B(5)","severity":"medium","reasoning":"The interplay between subsections (4) and (5) means the restriction in (4) — that only one further supervision order can be sought — is substantially hollowed out by (5). Each new supervision order (which can itself arise from breach proceedings under s.22) resets the entitlement to apply for one further order. The structure thus allows potentially indefinite sequential supervision through the mechanism of new orders.","confidence":0.7,"description":"Section 19B(4) states the Attorney-General cannot apply for a further supervision order if one has already been made for the released prisoner. Section 19B(5) then carves out an exception where a 'new supervision order' is made under s.13(5)(b) or s.30(3)(b), allowing a further supervision order for that new order. The exception effectively allows indefinite chains of further supervision orders by the device of a new supervision order being made, circumventing the apparent one-further-order limit in s.19B(4)."},{"type":"other","section":"sec.21(2) and sec.21(4)","severity":"medium","reasoning":"The interim detention pending a finding effectively presumes guilt at the point of arrest. The prisoner must prove exceptional circumstances to be released, not the state to prove the contravention. While constitutionally validated in Queensland, it represents a significant logical inversion: suspicion of breach triggers mandatory detention, with the burden on the prisoner to escape it.","confidence":0.75,"description":"When a released prisoner is brought before the court under a warrant, s.21(2) states the court MUST either detain or release the prisoner. Section 21(4) states the court may release ONLY if the prisoner satisfies the court on the balance of probabilities that exceptional circumstances exist. The structure places the burden on the prisoner — who is brought before the court on suspicion only (not proof) of contravention — to justify their liberty. This is a structural reversal of the presumption of liberty at an interim stage, before any finding of contravention."},{"type":"other","section":"sec.22(2)","severity":"high","reasoning":"The mandatory consequence of indefinite detention for a probable future breach of a supervision order — not a new criminal offence — is a significant logical escalation. The threshold is the civil standard (balance of probabilities) and the trigger can be a 'likely' contravention that has not occurred, yet the consequence is indefinite detention unless the prisoner displaces the presumption.","confidence":0.8,"description":"If the court is satisfied on the balance of probabilities that a released prisoner has contravened (or is likely to contravene) a supervision order, the court MUST rescind it and make a continuing detention order — UNLESS the prisoner proves adequate community protection can be ensured by an amended order. The logical absurdity is that a likely-but-not-yet-occurred contravention can trigger mandatory indefinite detention. The person has not actually committed a new offence, yet the consequence (indefinite detention) is more severe than for many criminal sentences."},{"type":"self_contradicting","section":"sec.13A(2)","severity":"low","reasoning":"Requiring the court to ignore the possibility of further supervision orders when setting the initial period — when such further orders are a legal option — creates an artificial and arguably dishonest statutory fiction. It may produce supervision periods that are either arbitrarily long (because the court cannot account for extension) or inappropriately short.","confidence":0.7,"description":"The court, in fixing the period of a supervision order, must NOT have regard to whether the prisoner may become the subject of a further supervision order or application. This creates an artificial blinker: the court must pretend that the supervision order is the prisoner's only and final exposure to supervision, when the Act expressly provides mechanisms (s.19B) for further supervision orders. The court is required to ignore a legally-available reality when setting the period."}],"contradictions":[{"severity":"medium","section_a":"sec.16(1)(db)","section_b":"sec.19(4)","confidence":0.65,"description":"Section 16(1)(db) requires a released prisoner to comply with every reasonable direction of a corrective services officer that is not directly inconsistent with a requirement of the order. Section 19(4) states that to the extent an order includes a requirement mentioned in s.16(1), that requirement cannot be amended under s.19. However, directions given under s.16(1)(db) can effectively alter the practical operation of the mandatory requirements, creating a shadow amendment process through administrative direction that s.19(4) purports to prohibit through court amendment."},{"severity":"medium","section_a":"sec.16(1)(f)","section_b":"sec.23","confidence":0.7,"description":"Section 16(1)(f) requires the released prisoner not to commit an offence of a sexual nature during the period of the order. Section 23 applies where a released prisoner is sentenced to imprisonment 'for any offence, other than an offence of a sexual nature'. Division 6 (ss.23-24) provides for suspension of the supervision order during re-imprisonment for non-sexual offences. By implication, if a released prisoner commits a sexual offence (breaching s.16(1)(f)), the Division 6 mechanism does not apply, and the ss.20-22 contravention pathway must be used instead. However, s.22(2) mandates a continuing detention order upon breach of supervision, whereas Division 6 merely suspends the supervision order for non-sexual offending. The Act thus treats a non-sexual re-offender more leniently (suspension, not revocation) than someone who merely 'likely' breaches a condition under s.22."},{"severity":"low","section_a":"sec.7(1)","section_b":"sec.7(2)","confidence":0.6,"description":"Section 7(1) states an affidavit must be confined to evidence the person making it could give if giving evidence orally — i.e., direct evidence rule applies. Section 7(2) then permits affidavits for preliminary hearings to contain statements based on information and belief. The preliminary hearing is the critical gatekeeping stage under s.8 that determines whether there are reasonable grounds to proceed to a full hearing. Allowing hearsay and belief-based evidence at the stage that triggers psychiatric examinations and potential interim detention creates a logical tension: the more consequential preliminary gateway uses lower evidentiary standards than the general rule."},{"severity":"medium","section_a":"sec.8(2)(a)","section_b":"sec.9","confidence":0.65,"description":"Section 8(2)(a) provides that after a preliminary hearing, the court 'may' make an order that the prisoner undergo examination by 2 psychiatrists. Section 9 states a risk assessment order 'authorises' examination by 2 psychiatrists who 'must' examine the prisoner and prepare a report as required under s.11. The discretionary 'may' in s.8(2)(a) to make the order contrasts with the mandatory 'must' in s.9 once the order is made. More significantly, the psychiatric reports are a key input under s.13(4)(a) for the final hearing, yet their commissioning is discretionary, creating a potential gap where a final hearing proceeds without psychiatric evidence."},{"severity":"medium","section_a":"sec.21(6)-(7)","section_b":"sec.19(4)","confidence":0.72,"description":"Section 21(7)(a) requires the court, when releasing a prisoner following a contravention warrant, to amend the existing order to include all requirements under s.16(1) if not already included. Section 19(4) states that a supervision order cannot be amended under s.19 in relation to requirements already mentioned in s.16(1). The s.21 amendment power at the contravention stage thus operates differently from the s.19 amendment power — s.21 can add (but not remove) s.16(1) requirements, while s.19 cannot touch them at all. The two amendment regimes are inconsistent in their treatment of mandatory requirements."},{"severity":"low","section_a":"sec.4","section_b":"sec.21(3)-(4)","confidence":0.6,"description":"Section 4 excludes the Bail Act 1980 from applying to persons detained under this Act. Sections 21(3)-(4) create a release pending final decision mechanism that closely mirrors bail, including a 'balance of probabilities' and 'exceptional circumstances' test. The Act excludes the Bail Act and then creates its own functionally analogous but less protective regime, without the procedural safeguards embedded in the Bail Act framework."},{"severity":"high","section_a":"sec.13(3)","section_b":"sec.22(1)","confidence":0.9,"description":"The final hearing under s.13 requires the court to be satisfied to 'a high degree of probability' on 'acceptable, cogent evidence' of sufficient weight. By contrast, the contravention proceedings under s.22(1) apply the standard civil threshold of 'balance of probabilities'. The consequence under s.22(2)(a) — indefinite continuing detention — is identical to what may be ordered under s.13(5)(a), yet the standard of proof to reach that outcome through the contravention pathway is significantly lower than the original detention pathway."},{"severity":"medium","section_a":"sec.19B(3)","section_b":"sec.19D(1)(d)","confidence":0.65,"description":"Section 19B(3) requires the application for a further supervision order to be made within the last 6 months of 'the current order'. Section 19D(1)(d) applies the provisions as if a reference to 'a prisoner's release day' were a reference to the day the current order expires. If an interim supervision order under s.19D(2) is made because the application cannot be finally decided before the current order expires, the current order effectively expires before the further order is determined, creating a temporal gap in which the status of the released prisoner's obligations may be unclear."}]}},"importantCases":[],"_links":{"self":"/api/acts/dangerous-prisoners-sexual-offenders-act-2003","history":"/api/acts/dangerous-prisoners-sexual-offenders-act-2003/history","analysis":"/api/acts/dangerous-prisoners-sexual-offenders-act-2003/analysis","conflicts":"/api/acts/dangerous-prisoners-sexual-offenders-act-2003/conflicts","importantCases":"/api/acts/dangerous-prisoners-sexual-offenders-act-2003/important-cases","documents":"/api/acts/dangerous-prisoners-sexual-offenders-act-2003/documents"}}