{"id":"serious-sex-offenders-act-2013","name":"Serious Sex Offenders Act 2013","slug":"serious-sex-offenders-act-2013","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30506,"registerId":"nt-serious-sex-offenders-act-2013-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Serious Sex Offenders Act 2013","content":"NORTHERN TERRITORY OF AUSTRALIA\nSERIOUS SEX OFFENDERS ACT 2013\nAs in force at 25 May 2024\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Objects of Act .................................................................................. 1\n4 Definitions ........................................................................................ 1\n5 Application of Criminal Code ........................................................... 4\nPart 2 Continuing detention orders and\nsupervision orders – general matters\nDivision 1 Serious danger to the community\n6 Serious danger to the community .................................................... 4\n7 Standard and onus of proof ............................................................. 5\nDivision 2 Continuing detention orders\n8 Nature of continuing detention order ............................................... 5\n9 Considerations when making, confirming or revoking\ncontinuing detention order ............................................................... 6\n10 Duration of continuing detention order............................................. 6\n11 Expiry date for interim continuing detention order ........................... 7\n12 Detainee cannot be granted bail or parole ....................................... 7\nDivision 3 Supervision orders\nSubdivision 1 Nature and consideration when making\n13 Nature of supervision order ............................................................. 7\n14 Considerations when making, amending or revoking\nsupervision order ............................................................................. 8\n15 Further considerations if person is reportable offender ................... 9\n16 Duration of supervision order........................................................... 9\n17 Expiry date for final supervision order ........................................... 10\nSubdivision 2 Requirements and directions\n18 Compulsory requirements.............................................................. 10\n19 Optional requirements ................................................................... 11\n20 Directions by probation and parole officers ................................... 11\n\nSerious Sex Offenders Act 2013 ii\n21 Considerations when giving directions .......................................... 12\nPart 3 Making continuing detention orders or\nsupervision orders\n22 Meaning of qualifying offender....................................................... 13\n23 Application for continuing detention order or supervision order ..... 15\n24 Setting date for preliminary hearing ............................................... 15\n25 Preliminary hearing to determine if evidence of serious danger\nto the community ........................................................................... 15\n26 Victim submissions ........................................................................ 16\n27 Supervision report ......................................................................... 16\n28 Suspension of parole order............................................................ 16\n29 Qualifying offender cannot be granted parole ................................ 16\n30 Interim continuing detention order or interim supervision order ..... 17\n31 Court may make final continuing detention order or final\nsupervision order ........................................................................... 17\n32 Onus of proof ................................................................................. 17\nPart 4 Supervision orders – extension and\namendment\nDivision 1 Extension of final supervision orders\n33 Application to extend final supervision order ................................. 17\n34 Victim submissions ........................................................................ 18\n35 Supervision report ......................................................................... 18\n36 Court may make medical assessment order.................................. 18\n37 Interim extension of supervision order ........................................... 18\n38 Court may extend supervision order .............................................. 18\n39 Onus of proof ................................................................................. 18\nDivision 2 Other amendments of supervision orders\n40 Application to amend supervision order......................................... 19\n41 Victim submissions ........................................................................ 19\n42 Supervision reports........................................................................ 19\n43 Court may make medical assessment order.................................. 19\n44 Court may amend supervision order.............................................. 19\n45 Onus of proof ................................................................................. 20\nPart 5 Supervision orders – compliance and\nenforcement\nDivision 1 Offence\n46 Offence to contravene supervision order ....................................... 20\n46A Application of section 123 Police Administration Act 1978 ............ 20\n\nSerious Sex Offenders Act 2013 iii\nDivision 2 Contravention of supervision order\n47 Application of Division ................................................................... 20\n48 Officer may apply for warrant or summons .................................... 20\n49 Warrant or summons to appear before Supreme Court ................. 21\n50 Warrant may be issued by telephone ............................................ 21\n51 Arrested supervisee to be brought before Supreme Court ............ 22\n52 Interim continuing detention order at initial hearing of arrested\nsupervisee ..................................................................................... 22\n53 Release of arrested supervisee on continued supervision ............ 22\n54 Interim continuing detention order if proceeding adjourned ........... 23\n55 Victim submissions ........................................................................ 23\n56 Supervision report ......................................................................... 24\n57 Court may make medical assessment order.................................. 24\n58 Orders on consideration of alleged contravention ......................... 24\n59 Court may amend supervision order if continuing detention\norder not made .............................................................................. 25\n60 Onus of proof ................................................................................. 25\nDivision 3 General matters about compliance and\nenforcement\n61 Effect of detention.......................................................................... 25\n62 Inconsistency between supervision order and similar\nobligations ..................................................................................... 26\n63 Commissioner of Correctional Services must ensure proper\nsupervision .................................................................................... 26\n64 Powers for supervising supervisees .............................................. 27\nPart 6 Continuing detention orders – review of\nfinal orders\n65 Application for review by Attorney-General.................................... 28\n66 Application for review by detainee ................................................. 28\n67 Setting day for review hearing ....................................................... 28\n68 Victim submissions ........................................................................ 28\n69 Supervision report ......................................................................... 29\n70 Court may make medical assessment order.................................. 29\n71 Orders on review ........................................................................... 29\n72 Onus of proof ................................................................................. 29\nPart 7 Revocation of orders\n73 Application to revoke order by Attorney-General ........................... 30\n74 Application to revoke by detainee or supervisee ........................... 30\n75 Victim submissions ........................................................................ 30\n76 Court may make medical assessment order.................................. 30\n77 Court may revoke order ................................................................. 30\n78 Onus of proof ................................................................................. 30\n\nSerious Sex Offenders Act 2013 iv\nPart 8 Medical assessments and victim\nsubmissions\nDivision 1 Medical assessment orders and reports\n79 Medical assessment orders ........................................................... 31\n80 Information to be given to medical expert ...................................... 31\n81 Report to be given to person being assessed................................ 32\n82 Report to be produced to court ...................................................... 32\nDivision 2 Victim submissions\n83 Seeking submissions from victims ................................................. 32\n84 Content of victim submissions ....................................................... 34\n85 Victim submissions to be produced to court .................................. 34\n86 Victim submissions not to be disclosed without consent ............... 34\n87 No inference to be drawn from no victim submission .................... 35\nDivision 3 Supervision reports\n88 Commissioner of Correctional Services to prepare report for\nAttorney-General ........................................................................... 35\n89 Report to be produced to court ...................................................... 36\nPart 9 Procedure\nDivision 1 Applications\n90 Form and content of applications................................................... 36\n91 Respondent may file affidavits in response ................................... 36\n92 Content of affidavits ....................................................................... 37\n93 Discontinuance .............................................................................. 37\nDivision 2 General matters\n94 Nature of proceedings ................................................................... 37\n95 Standard of proof ........................................................................... 38\n96 Duty of Attorney-General to disclose relevant material.................. 38\n97 Evidence ........................................................................................ 38\n98 Records as evidence of supervisee's conduct ............................... 40\n99 Certain matters may be decided on papers ................................... 40\n100 Court may give directions .............................................................. 40\n101 Court must give reasons for final order .......................................... 41\nPart 10 Appeals\n102 Right of appeal .............................................................................. 41\n103 Appeal does not stay decision ....................................................... 41\n104 Nature of appeal ............................................................................ 41\n\nSerious Sex Offenders Act 2013 v\n105 Interim orders pending hearing of appeal ...................................... 41\n106 Decision on appeal ........................................................................ 41\n107 Interim orders pending rehearing after appeal ............................... 42\nPart 11 General matters\n108 Name changes .............................................................................. 42\n109 Commissioner of Correctional Services to provide information\nto Attorney-General ....................................................................... 43\n110 Attorney-General may obtain information from other persons ....... 43\n111 Costs of damage to equipment recoverable by Territory ............... 44\n112 Offence to disclose certain information .......................................... 44\n112A Authorised disclosures of information ............................................ 45\n112B Protection from liability .................................................................. 46\n113 Regulations.................................................................................... 46\nPart 12 Transitional matters for Serious Sex\nOffenders Amendment Act 2021\n114 Definitions ...................................................................................... 46\n115 Application of section 22 ................................................................ 46\n116 Application of section 104 .............................................................. 46\n117 Supervision orders made before commencement ......................... 46\nSchedule 1 Serious sex offences\nSchedule 2 Offences of a sexual nature\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 25 May 2024\n____________________\nSERIOUS SEX OFFENDERS ACT 2013\nAn Act to provide for continued detention or supervised release of\ncertain serious sex offenders, and for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Serious Sex Offenders Act 2013.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Objects of Act\n(1) The primary object of this Act is to enhance the protection and\nsafety of victims of serious sex offences and the community\ngenerally by allowing for the control, by continued detention or\nsupervised release, of offenders who have committed serious sex\noffences and pose a serious danger to the community.\n(2) The secondary object of this Act is to provide for the continuing\nrehabilitation, care and treatment of those offenders.\n4 Definitions\nIn this Act:\nalleged contravention, see section 48(1).\napproved monitoring device, see section 164 of the Correctional\nServices Act 2014.\nbusiness day means a day other than a Saturday, Sunday or\npublic holiday.\ncontinuing detention order, see section 8(1).\n\nPart 1 Preliminary matters\nSerious Sex Offenders Act 2013 2\ndetainee means a person subject to a continuing detention order.\nDirector of the CVSU means the Director of the CVSU appointed\nunder section 6 of the Victims of Crime Rights and Services\nAct 2006.\nfinal continuing detention order, see section 8(2)(a).\nfinal supervision order, see section 13(2)(a).\nhealth practitioner means a person registered under the Health\nPractitioner Regulation National Law to practise in a health\nprofession (other than as a student).\nin custody means:\n(a) in the lawful custody of the Commissioner of Correctional\nServices (as defined in section 4 of the Correctional Services\nAct 2014); or\n(b) in lawful custody within the meaning of section 84(1) of the\nMental Health and Related Services Act 1998.\ninterim continuing detention order, see section 8(2)(b).\ninterim supervision order, see section 13(2)(b).\nmedical assessment order, see section 79(1).\nmedical expert means a health practitioner registered to practise:\n(a) in the medical profession in the recognised specialty of\npsychiatry; or\n(b) in a health profession prescribed by regulation.\nmedical report, see section 79(2)(b)(i).\noffence of a sexual nature means:\n(a) a serious sex offence; or\n(b) any of the following:\n(i) an offence against a provision listed in Schedule 2,\nsubject to any qualification specified opposite the\nprovision;\n(ii) an offence against a provision that was listed in\nSchedule 2 at the time the offence was committed;\n\nPart 1 Preliminary matters\nSerious Sex Offenders Act 2013 3\n(iii) an offence substantially corresponding to an offence\nmentioned in subparagraph (i) or (ii) against a law of\nanother jurisdiction (including a jurisdiction outside\nAustralia);\n(iv) an offence of attempting, or of conspiracy or incitement\nto commit, an offence mentioned in subparagraph (i), (ii)\nor (iii).\noffender, for Part 8, Division 2, see section 83(1)(a).\noriginal decision, see section 102(1).\nparole order, see section 3(1) of the Parole Act 1971.\nprobation and parole officer, see section 4 of the Correctional\nServices Act 2014.\nqualifying offender, see section 22(1).\nregistered person, for Part 8, Division 2, see section 83(1)(c).\nrequirement, for a supervision order, means a requirement\nincluded in the order under section 18 or 19.\nserious danger to the community, see section 6(1).\nserious sex offence means any of the following:\n(a) an offence against a provision listed in Schedule 1, subject to\nany qualification specified opposite the provision;\n(b) an offence against a provision that was listed in Schedule 1 at\nthe time the offence was committed;\n(c) an offence substantially corresponding to an offence\nmentioned in paragraph (a) or (b) against:\n(i) a law that has been repealed; or\n(ii) a law of another jurisdiction (including a jurisdiction\noutside Australia);\n(d) an offence of attempting, or of conspiracy or incitement to\ncommit, an offence mentioned in paragraph (a), (b) or (c).\nsupervisee means a person subject to a supervision order.\nsupervision order, see section 13(1).\n\nPart 2 Continuing detention orders and supervision orders – general matters\nDivision 1 Serious danger to the community\nSerious Sex Offenders Act 2013 4\nVictims Register means the register as defined in section 4 of the\nVictims of Crime Rights and Services Act 2006.\nvictim submission, see section 84.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n5 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Continuing detention orders and supervision\norders – general matters\nDivision 1 Serious danger to the community\n6 Serious danger to the community\n(1) A person is a serious danger to the community if there is an\nunacceptable risk that he or she will commit a serious sex offence\nunless he or she is in custody or subject to a supervision order.\n(2) In deciding whether a person is a serious danger to the community,\na court must have regard to the following:\n(a) the likelihood of the person committing another serious sex\noffence;\n(b) the impact of serious sex offences committed, or likely to be\ncommitted, by the person on:\n(i) victims of those offences and the victims' families; and\n(ii) members of the community generally;\n(c) the need to protect people from those impacts.\n\nPart 2 Continuing detention orders and supervision orders – general matters\nDivision 2 Continuing detention orders\nSerious Sex Offenders Act 2013 5\n7 Standard and onus of proof\n(1) A court must not decide that a person is a serious danger to the\ncommunity unless it is satisfied, to a high degree of probability, that\nthere is acceptable and cogent evidence of sufficient weight to\njustify the decision.\n(2) The Attorney-General has the onus of satisfying the court that the\nperson is a serious danger to the community.\nDivision 2 Continuing detention orders\n8 Nature of continuing detention order\n(1) A continuing detention order is an order that the person subject\nto the order (the detainee) be detained in custody.\n(2) A continuing detention order may be:\n(a) a final continuing detention order – being a continuing\ndetention order, made on the determination of a proceeding,\nunder which the detainee is to be detained indefinitely; or\n(b) an interim continuing detention order – being a continuing\ndetention order, made on an interim basis while a proceeding\nis before a court, under which the detainee is to be detained\npending determination of the proceeding.\n(3) A continuing detention order has effect as a warrant committing the\ndetainee into custody in accordance with the terms of the order.\n(4) If the detainee is not in custody when a continuing detention order\ncomes into force, the order also has effect as a warrant for his or\nher arrest.\nNote for section 8\nA final continuing detention order may be made under section 31(1)\nor 58(1)(b)(ii). An interim continuing detention order may be made under\nsection 30(2), 52(a), 54(3), 58(1)(b)(i), 105(2) or 107(2).\n\nPart 2 Continuing detention orders and supervision orders – general matters\nDivision 2 Continuing detention orders\nSerious Sex Offenders Act 2013 6\n9 Considerations when making, confirming or revoking\ncontinuing detention order\n(1) In deciding whether to make, confirm or revoke a continuing\ndetention order in relation to a person, a court must have regard to\nthe following:\n(a) as the paramount consideration – the need to protect:\n(i) victims of serious sex offences committed, or likely to be\ncommitted, by the person; and\n(ii) the victims' families; and\n(iii) members of the community generally;\n(b) as a secondary consideration – the desirability of providing\nrehabilitation, care and treatment for the person.\n(2) In considering the need for protection mentioned in\nsubsection (1)(a), the court must have regard to the following:\n(a) the likelihood of the person committing another serious sex\noffence;\n(b) whether adequate protection could reasonably be provided by\nmaking a supervision order in relation to the person.\n10 Duration of continuing detention order\n(1) A continuing detention order comes into force:\n(a) if the detainee is a qualifying offender when the order is\nmade – when he or she ceases to be a qualifying offender; or\n(b) otherwise – at the time the order is made.\nNote for subsection (1)(a)\nIf the detainee is a qualifying offender who is subject to a parole order, the\nSupreme Court may suspend or revoke the parole order under section 28(2)\nor 31(2) so that the detainee serves out his or her sentence in custody before the\ncontinuing detention order comes into force.\n(2) A final continuing detention order remains in force until it is revoked.\n(3) An interim continuing detention order remains in force until the first\nof the following occurs:\n(a) the order is revoked;\n(b) the proceeding during which it was made is finally determined;\n\nPart 2 Continuing detention orders and supervision orders – general matters\nDivision 3 Supervision orders\nSubdivision 1 Nature and consideration when making\nSerious Sex Offenders Act 2013 7\n(c) the order expires.\n11 Expiry date for interim continuing detention order\n(1) A court making an interim continuing detention order must state in\nthe order the date on which it will expire.\n(2) A court may, on application by the Attorney-General, amend an\ninterim continuing detention order to extend the duration of the\norder.\n(3) However, the total period for which a detainee may be subject to an\ninterim continuing detention order pending determination of a\nparticular proceeding cannot exceed 6 months unless the court is\nsatisfied there are exceptional circumstances.\n12 Detainee cannot be granted bail or parole\n(1) A detainee cannot be granted bail under the Bail Act 1982.\n(2) A parole order cannot be made under the Parole Act 1971 in\nrelation to a detainee.\nDivision 3 Supervision orders\nSubdivision 1 Nature and consideration when making\n13 Nature of supervision order\n(1) A supervision order is an order that the person subject to the\norder (the supervisee) must comply with the requirements included\nin the order under sections 18 and 19.\n(2) A supervision order may be:\n(a) a final supervision order – being a supervision order, made\non the determination of a proceeding, under which the\nsupervisee is to be supervised for a stated period of at least\n5 years; or\n(b) an interim supervision order – being a supervision order,\nmade on an interim basis while a proceeding is before a court,\nunder which the supervisee is to be supervised pending\ndetermination of the proceeding.\n\nPart 2 Continuing detention orders and supervision orders – general matters\nDivision 3 Supervision orders\nSubdivision 1 Nature and consideration when making\nSerious Sex Offenders Act 2013 8\n(3) If the duration of a final supervision order is extended on an interim\nbasis under section 37, it becomes an interim supervision order, but\nif the Supreme Court extends the order under section 38 it again\nbecomes a final supervision order.\nNote for section 13\nA final supervision order may be made under section 31(1) or 71(1)(b). An interim\nsupervision order may be made under section 30(2), 105(2) or 107(2).\n14 Considerations when making, amending or revoking\nsupervision order\n(1) This section applies when a court is deciding:\n(a) whether to make, amend or revoke a supervision order in\nrelation to a person; and\n(b) if a supervision order is to be made or amended:\n(i) the requirements to be included in the order; and\n(ii) the expiry date (if any) for the order.\n(2) The court must have regard to the following:\n(a) as the paramount consideration – the need to protect:\n(i) victims of serious sex offences committed, or likely to be\ncommitted, by the person; and\n(ii) the victims' families; and\n(iii) members of the community generally;\n(b) as a secondary consideration – the desirability of providing\nrehabilitation, care and treatment for the person.\n(3) In considering the need for protection mentioned in\nsubsection (2)(a), the court must have regard to the following:\n(a) the likelihood of the person committing another serious sex\noffence;\n(b) whether it will be reasonably practicable for the Commissioner\nof Correctional Services to ensure that the person is\nappropriately managed and supervised as mentioned in\nsection 63;\n(c) whether adequate protection could only reasonably be\nprovided by making a continuing detention order in relation to\nthe person.\n\nPart 2 Continuing detention orders and supervision orders – general matters\nDivision 3 Supervision orders\nSubdivision 1 Nature and consideration when making\nSerious Sex Offenders Act 2013 9\n15 Further considerations if person is reportable offender\n(1) This section applies if the person who is or will be the supervisee is\na reportable offender under the Child Protection (Offender\nReporting and Registration) Act 2004.\n(2) The court must ensure, as far as is reasonably practicable, that the\nrequirements in the supervision order are not inconsistent with the\nperson's obligations as a reportable offender.\n(3) The court may amend the person's prohibition order under the Child\nProtection (Offender Reporting and Registration) Act 2004 to avoid\nan inconsistency.\n(4) When making or amending a supervision order, the court must\nexplain to the person the effect of section 62 on his or her\nobligations under this Act and the Child Protection (Offender\nReporting and Registration) Act 2004.\n16 Duration of supervision order\n(1) A supervision order comes into force:\n(a) if the supervisee is a qualifying offender when the order is\nmade – when he or she ceases to be a qualifying offender; or\n(b) otherwise – at the time the order is made.\nNote for subsection (1)(a)\nIf the supervisee is a qualifying offender who is subject to a parole order, the\nSupreme Court may allow the supervisee to serve out his or her sentence on\nparole before the supervision order comes into force. Alternatively, the Court may\nsuspend or revoke the parole order under section 28(2) or 31(2) so that the\nsupervisee serves out his or her sentence in custody before the supervision order\ncomes into force.\n(2) An interim supervision order remains in force until the first of the\nfollowing occurs:\n(a) the order is revoked;\n(b) the proceeding during which the order was made or extended\nis finally determined;\n(c) if an expiry date is stated in the order – the order expires.\n(3) A final supervision order remains in force until the first of the\nfollowing occurs:\n(a) the order is revoked;\n\nPart 2 Continuing detention orders and supervision orders – general matters\nDivision 3 Supervision orders\nSubdivision 2 Requirements and directions\nSerious Sex Offenders Act 2013 10\n(b) the order expires.\n(4) Despite subsection (3)(b), if a supervisee is returned to custody to\nserve a sentence of imprisonment for an offence, the period for\nwhich the order remains in force is extended by the length of time\nhe or she is in custody serving that sentence.\n17 Expiry date for final supervision order\n(1) A court making a final supervision order must state in the order the\ndate on which it will expire.\n(2) The expiry date must be at least 5 years after the date on which the\norder will come into force.\n(3) In deciding the expiry date, the court must disregard the fact that\nthe period for which the order is to remain in force might be\nextended under section 38.\nSubdivision 2 Requirements and directions\n18 Compulsory requirements\n(1) A court making a supervision order must include in it requirements\nthat the supervisee:\n(a) must not commit:\n(i) a serious sex offence; or\n(ii) an offence of a sexual nature; and\n(b) must report to a parole officer as directed by a probation and\nparole officer; and\n(c) must receive visits and accept communications from a\nprobation and parole officer as directed by a probation and\nparole officer; and\n(d) must give to a probation and parole officer information about\nthe supervisee's place of residence and place of employment\nor education as directed by a probation and parole officer;\n(e) must not leave, or stay out of, the Territory without the\npermission of a probation and parole officer; and\n(f) must comply with any directions given to the supervisee under\nsection 20, other than directions about matters stated in the\norder under subsection (2).\n\nPart 2 Continuing detention orders and supervision orders – general matters\nDivision 3 Supervision orders\nSubdivision 2 Requirements and directions\nSerious Sex Offenders Act 2013 11\n(2) The court may state in the order matters about which a probation\nand parole officer cannot give the supervisee directions.\n(3) A court amending a supervision order cannot amend it to remove a\nrequirement mentioned in subsection (1).\n19 Optional requirements\nA court making a supervision order may include in it any other\nrequirement on the supervisee that the court considers appropriate.\nNote for section 19\nSections 14 and 15 set out matters to which the court must have regard when\ndeciding the requirements to be included in the order.\n20 Directions by probation and parole officers\n(1) A probation and parole officer may give to a supervisee any\ndirection the officer believes on reasonable grounds is appropriate.\nNote for subsection (1)\nSection 21 sets out matters to which a probation and parole officer must have\nregard when deciding whether to give a direction.\n(2) A probation and parole officer may give a direction about a matter\neven if there is a requirement about the matter in the supervisee's\nsupervision order.\n(3) However, a probation and parole officer cannot give a direction:\n(a) about a matter stated in the order under section 18(2); or\n(b) that is directly inconsistent with a requirement in the order.\n(4) Without limiting subsection (1), a probation and parole officer may\ndirect a supervisee to do any or all of the following:\n(a) report to a probation and parole officer at specified times and\nplaces;\n(b) wear an approved monitoring device;\n(c) give a sample of the supervisee's voice for use with an\napproved monitoring device;\n(d) allow the placing or installation in, and retrieval from, a\nspecified place of anything necessary for the effective\noperation of an approved monitoring device;\n(e) reside at a specified place;\n\nPart 2 Continuing detention orders and supervision orders – general matters\nDivision 3 Supervision orders\nSubdivision 2 Requirements and directions\nSerious Sex Offenders Act 2013 12\n(f) remain at a specified place for specified periods;\n(g) leave a specified place;\n(h) participate in specified rehabilitation, care or treatment;\n(i) do anything that is reasonably necessary to enable:\n(i) the supervisee to be managed and supervised in the\nway determined by the Commissioner of Correctional\nServices under section 63; or\n(ii) the supervisee's compliance with the order to be\nmonitored and enforced.\n(5) Without limiting subsection (1), a probation and parole officer may\ndirect a supervisee not to do any or all of the following:\n(a) reside at a specified place;\n(b) go to a specified place or class of places either at all or during\nspecified periods;\n(c) associate or make contact with:\n(i) victims of serious sex offences committed by the\nsupervisee; or\n(ii) the victims' families; or\n(iii) any other specified person or class of persons;\n(d) engage in specified employment;\n(e) engage in specified conduct;\n(f) consume alcohol or a drug (other than as prescribed by a\nhealth practitioner).\n21 Considerations when giving directions\n(1) In deciding whether to give a direction to a supervisee, a probation\nand parole officer must have regard to the following:\n(a) as the paramount consideration – the need to protect:\n(i) victims of serious sex offences committed, or likely to be\ncommitted, by the supervisee; and\n(ii) the victims' families; and\n\nPart 3 Making continuing detention orders or supervision orders\nSerious Sex Offenders Act 2013 13\n(iii) members of the community generally;\n(b) as a secondary consideration – the desirability of providing\nrehabilitation, care and treatment for the supervisee.\n(2) In considering the need for protection mentioned in\nsubsection (1)(a), the probation and parole officer must have regard\nto the following:\n(a) the need to ensure that the supervisee is managed and\nsupervised in the way determined by the Commissioner of\nCorrectional Services under section 63;\n(b) the need to ensure that the supervisee's compliance with his\nor her supervision order is monitored and enforced.\nPart 3 Making continuing detention orders or\nsupervision orders\n22 Meaning of qualifying offender\n(1) A person is a qualifying offender if:\n(a) he or she has been convicted of a serious sex offence; and\n(b) either:\n(i) he or she is under sentence of imprisonment for that\noffence; or\n(ii) subsection (4) applies to him or her.\n(2) A person sentenced to imprisonment for an offence is under\nsentence of imprisonment if he or she:\n(a) is in custody serving the sentence; or\n(b) is subject to one of the following orders in relation to the\noffence:\n(i) an order suspending the sentence under section 40 of\nthe Sentencing Act 1995;\n(ii) an intensive community correction order made under the\nSentencing Act 1995;\n\nPart 3 Making continuing detention orders or supervision orders\nSerious Sex Offenders Act 2013 14\n(iii) a home detention order or community custody order\nmade under the Sentencing Act 1995 as in force before\nthe commencement of Part 2 of the Sentencing and\nOther Legislation Amendment Act 2022; or\n(c) has been released from custody on parole but is taken, under\nsection 14(1) of the Parole Act 1971, to be still under sentence\nof imprisonment for the offence.\nNote for subsection (2)(c)\nUnder section 14(1) of the Parole Act 1971, a person released on parole is taken\nto still be under sentence of imprisonment until the day on which the term of\nimprisonment to which he or she was sentenced expires.\n(3) For subsection (1)(b)(i), it is immaterial whether the person is, at the\nsame time, under sentence of imprisonment for another offence.\n(4) For subsection (1)(b)(ii), this subsection applies to a person if:\n(a) he or she has served his or her sentence for the serious sex\noffence; and\n(b) he or she is:\n(i) under sentence of imprisonment for another offence; or\n(ii) is in custody for any other reason, other than under a\ncontinuing detention order; and\n(c) the person has not, at any time since commencing to serve\nthe sentence mentioned in paragraph (a), ceased to be:\n(i) under sentence of imprisonment for an offence; or\n(ii) in custody for any other reason, other than under a\ncontinuing detention order.\n(5) It is immaterial when the serious sex offence was committed or\nwhen the person was charged with or convicted of the offence.\n(6) In this section, for a person who is under 18 years of age:\nimprisonment includes detention within the meaning of the Youth\nJustice Act 2005.\n\nPart 3 Making continuing detention orders or supervision orders\nSerious Sex Offenders Act 2013 15\nin custody includes in detention in a detention centre as defined in\nsection 5(1) of the Youth Justice Act 2005.\nNote for subsection (6)\nAlthough a person who is under 18 years of age may be a qualifying offender, a\nfinal continuing detention order or final supervision order cannot come into force\nbefore the person turns 18 (see sections 10(1) and 23(2)(b)).\n23 Application for continuing detention order or supervision\norder\n(1) The Attorney-General may apply to the Supreme Court for a final\ncontinuing detention order or final supervision order in relation to a\nqualifying offender.\n(2) An application cannot be made unless the offender:\n(a) is due to cease to be a qualifying offender within 12 months;\nand\n(b) will be over 18 years of age when he or she ceases to be a\nqualifying offender.\n24 Setting date for preliminary hearing\n(1) If an application is made under section 23, the Registrar of the\nSupreme Court must set a date for a preliminary hearing.\n(2) The date set must be not more than 28 business days after the\napplication is made.\n25 Preliminary hearing to determine if evidence of serious danger\nto the community\n(1) At the preliminary hearing the Supreme Court must decide whether\nthe matters alleged in the application would, if proved, satisfy the\nCourt that the qualifying offender is a serious danger to the\ncommunity.\n(2) If the Court decides that it would be satisfied, it must:\n(a) set a date for the hearing of the application; and\n(b) make a medical assessment order in relation to the offender\nnaming 2 medical experts.\n(3) If the Court decides that it would not be satisfied, it must dismiss\nthe application.\n\nPart 3 Making continuing detention orders or supervision orders\nSerious Sex Offenders Act 2013 16\n26 Victim submissions\nIf the Supreme Court sets a hearing date under section 25(2)(a):\n(a) the Attorney-General must notify the Director of the CVSU of\nthe date; and\n(b) the Director of the CVSU must then seek victim submissions\nabout the offender under section 83.\n27 Supervision report\nIf the Supreme Court sets a hearing date under section 25(2)(a):\n(a) the Attorney-General must notify the Commissioner of\nCorrectional Services of the date; and\n(b) the Commissioner of Correctional Services must then prepare\na supervision report about the offender under section 88.\n28 Suspension of parole order\n(1) This section applies if:\n(a) the Supreme Court has set a hearing date under\nsection 25(2)(a); and\n(b) the qualifying offender is subject to a parole order.\n(2) The Court may suspend the parole order pending determination of\nthe application made under section 23.\n(3) A suspension remains in force until the application is finally\ndetermined or the suspension is revoked.\n(4) While a parole order is suspended it is of no effect.\n29 Qualifying offender cannot be granted parole\n(1) This section applies if:\n(a) the Supreme Court has set a hearing date under\nsection 25(2)(a); and\n(b) the application made under section 23 has not been finally\ndetermined.\n(2) A parole order cannot be made under the Parole Act 1971 in\nrelation to the qualifying offender.\n\nPart 4 Supervision orders – extension and amendment\nDivision 1 Extension of final supervision orders\nSerious Sex Offenders Act 2013 17\n30 Interim continuing detention order or interim supervision order\n(1) This section applies if:\n(a) the Supreme Court has set a hearing date under\nsection 25(2)(a); and\n(b) the application made under section 23 has not been finally\ndetermined.\n(2) The Court may make an interim continuing detention order or\ninterim supervision order in relation to the qualifying offender\npending determination of the application.\n31 Court may make final continuing detention order or final\nsupervision order\n(1) On hearing an application made under section 23, the Supreme\nCourt may make a final continuing detention order or final\nsupervision order in relation to the qualifying offender if satisfied\nthat the qualifying offender is a serious danger to the community.\n(2) If the Court makes a continuing detention order, it may state in the\norder a review period for section 65.\n(3) If the Court makes an order in relation to a person who is subject to\na parole order, the Court may revoke the parole order.\n32 Onus of proof\nThe Attorney-General has the onus of satisfying the Supreme Court\nthat it is appropriate to make the final continuing detention order or\nfinal supervision order.\nPart 4 Supervision orders – extension and\namendment\nDivision 1 Extension of final supervision orders\n33 Application to extend final supervision order\n(1) The Attorney-General may apply to the Supreme Court to amend a\nfinal supervision order to extend the duration of the order.\n(2) The application cannot be made unless the order is due to expire in\nless than 6 months.\n(3) The application may be combined with an application made under\nsection 40 to make other amendments to the order.\n\nPart 4 Supervision orders – extension and amendment\nDivision 1 Extension of final supervision orders\nSerious Sex Offenders Act 2013 18\n34 Victim submissions\nIf an application is made under section 33:\n(a) the Attorney-General must notify the Director of the CVSU that\nthe application has been made; and\n(b) the Director of the CVSU must then seek victim submissions\nabout the supervisee under section 83.\n35 Supervision report\nIf an application is made under section 33:\n(a) the Attorney-General must notify the Commissioner of\nCorrectional Services that the application has been made; and\n(b) the Commissioner of Correctional Services must then prepare\na supervision report about the supervisee under section 88.\n36 Court may make medical assessment order\n(1) This section applies if an application has been made under\nsection 33 but has not been finally determined.\n(2) The Supreme Court may make a medical assessment order in\nrelation to the supervisee.\n(3) The Court may do so on application or on its own initiative.\n37 Interim extension of supervision order\n(1) This section applies if an application has been made under\nsection 33 but has not been finally determined.\n(2) The Supreme Court may amend the supervision order to extend the\nduration of the order on an interim basis pending determination of\nthe application.\n38 Court may extend supervision order\nOn hearing an application made under section 33, the Supreme\nCourt may amend the supervision order to extend the duration of\nthe order if satisfied that the supervisee is still a serious danger to\nthe community.\n39 Onus of proof\nThe Attorney-General has the onus of satisfying the Supreme Court\nthat it is appropriate to extend the duration of a supervision order.\n\nPart 4 Supervision orders – extension and amendment\nDivision 2 Other amendments of supervision orders\nSerious Sex Offenders Act 2013 19\nDivision 2 Other amendments of supervision orders\n40 Application to amend supervision order\n(1) The Attorney-General or a supervisee may apply to the Supreme\nCourt to amend a supervision order.\n(2) However, an application cannot be made under this section to\nextend the duration of a final supervision order.\n(3) An application may be combined with an application made under\nsection 33 to extend the duration of the order.\n41 Victim submissions\nIf an application is made under section 40:\n(a) the Attorney-General must notify the Director of the CVSU that\nthe application has been made; and\n(b) the Director of the CVSU must then seek victim submissions\nabout the supervisee under section 83.\n42 Supervision reports\nIf an application is made under section 40:\n(a) the Attorney-General must notify the Commissioner of\nCorrectional Services that the application has been made; and\n(b) the Commissioner of Correctional Services must then prepare\na supervision report about the supervisee under section 88.\n43 Court may make medical assessment order\n(1) This section applies if an application has been made under\nsection 40 but has not been finally determined.\n(2) The Supreme Court may make a medical assessment order in\nrelation to the supervisee.\n(3) The Court may do so on application or on its own initiative.\n44 Court may amend supervision order\n(1) On hearing an application made under section 40, the Supreme\nCourt may amend the supervision order if satisfied it would be\nappropriate to do so.\n\nPart 5 Supervision orders – compliance and enforcement\nDivision 2 Contravention of supervision order\nSerious Sex Offenders Act 2013 20\n(2) However, the Court cannot amend the order to reduce the duration\nof the order to a period of less than 5 years from the date it came\ninto force.\n45 Onus of proof\nThe applicant has the onus of satisfying the Supreme Court that it is\nappropriate to amend a supervision order.\nPart 5 Supervision orders – compliance and\nenforcement\nDivision 1 Offence\n46 Offence to contravene supervision order\n(1) A supervisee must not engage in conduct that results in a\ncontravention of a requirement of his or her supervision order.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\n46A Application of section 123 Police Administration Act 1978\nTo avoid doubt, section 123 of the Police Administration Act 1978\napplies in relation to an offence under section 46.\nDivision 2 Contravention of supervision order\n47 Application of Division\nThis Division applies in relation to an alleged contravention whether\nor not the supervisee is charged with, or convicted of, an offence\nunder section 46 in relation to the contravention.\n48 Officer may apply for warrant or summons\n(1) If a police officer or probation and parole officer suspects on\nreasonable grounds that a supervisee has contravened, is\ncontravening or is likely to contravene, a requirement of his or her\nsupervision order (the alleged contravention), the officer may\napply to a Supreme Court Judge for a warrant or summons under\nsection 49.\n\nPart 5 Supervision orders – compliance and enforcement\nDivision 2 Contravention of supervision order\nSerious Sex Offenders Act 2013 21\n(2) An application for a warrant must be made by information on oath\nor by telephone under section 50.\n(3) An application for a summons must be made in writing.\n49 Warrant or summons to appear before Supreme Court\n(1) If satisfied there are reasonable grounds for suspecting the alleged\ncontravention has occurred, is occurring or is likely to occur, the\nSupreme Court Judge must issue:\n(a) a warrant for the supervisee to be arrested and brought before\nthe Supreme Court for the Court to consider the alleged\ncontravention; or\n(b) a summons for the supervisee to attend before the Supreme\nCourt for the Court to consider the alleged contravention.\n(2) However, on an application for a warrant the Supreme Court Judge\nmust not issue a summons unless:\n(a) the applicant consents; or\n(b) the Supreme Court Judge is satisfied there are exceptional\ncircumstances.\n(3) The warrant or summons must state the alleged contravention, but\nmay do so in general terms.\n(4) A copy of the warrant or summons must be given to the\nAttorney-General within 24 hours after it is issued by:\n(a) if the applicant is a police officer – the Commissioner of\nPolice; or\n(b) if the applicant is a probation and parole officer – the\nCommissioner of Correctional Services.\n(5) However, a failure to comply with subsection (4) does not affect the\nvalidity of the warrant or summons or any order made under this\nDivision.\n50 Warrant may be issued by telephone\nSection 122 of the Police Administration Act 1978 applies in relation\nto a warrant under section 49 as if:\n(a) the warrant were being sought under that Act; and\n(b) a reference in section 122 of that Act to a justice of the peace\nwere a reference to a Supreme Court Judge; and\n\nPart 5 Supervision orders – compliance and enforcement\nDivision 2 Contravention of supervision order\nSerious Sex Offenders Act 2013 22\n(c) if the applicant is not a police officer – the applicant were a\npolice officer.\n51 Arrested supervisee to be brought before Supreme Court\n(1) This section applies if a supervisee is arrested under a warrant\nissued under section 49.\n(2) The Attorney-General must ensure that, as soon as practicable\nafter the supervisee is arrested, he or she is brought before the\nSupreme Court for the Court to consider the alleged contravention.\n(3) The arrested supervisee cannot be granted bail under the Bail\nAct 1982.\n52 Interim continuing detention order at initial hearing of arrested\nsupervisee\nWhen a supervisee arrested under a warrant issued under\nsection 49 first appears before the Supreme Court, the Court must\ndo one of the following:\n(a) make an interim continuing detention order in relation to the\nsupervisee pending the Court's consideration of the alleged\ncontravention under section 58;\n(b) make an order under section 53(3).\n53 Release of arrested supervisee on continued supervision\n(1) This section applies if:\n(a) a supervisee arrested under a warrant issued under\nsection 49 has been brought before the Supreme Court\n(whether or not the Court has made an order under\nsection 52(a)); and\n(b) the Court has not completed its consideration of the alleged\ncontravention under section 58.\n(2) The supervisee may apply to the Court to be released pending the\nCourt's consideration of the alleged contravention.\n(3) The Court may order the release of the supervisee only if satisfied\nthere are exceptional circumstances.\n(4) The supervisee has the onus of satisfying the Court that there are\nexceptional circumstances.\n\nPart 5 Supervision orders – compliance and enforcement\nDivision 2 Contravention of supervision order\nSerious Sex Offenders Act 2013 23\n(5) If it orders the release of the supervisee, the Court:\n(a) must revoke any interim continuing detention order made\nunder section 52(a); and\n(b) may amend the supervisee's supervision order as the Court\nconsiders appropriate.\n54 Interim continuing detention order if proceeding adjourned\n(1) This section applies if:\n(a) a supervisee has appeared before the Supreme Court in\naccordance with a summons issued under section 49; and\n(b) the Court has not completed its consideration of the alleged\ncontravention under section 58.\n(2) This section also applies if:\n(a) an arrested supervisee was released under section 53; and\n(b) the Court has not completed its consideration of the alleged\ncontravention under section 58; and\n(c) the Court is no longer satisfied that there are exceptional\ncircumstances as mentioned in section 53(3).\n(3) The Court may make an interim continuing detention order in\nrelation to the supervisee pending completion of the Court's\nconsideration of the alleged contravention.\n55 Victim submissions\n(1) This section applies if:\n(a) a supervisee is arrested under a warrant issued under\nsection 49; or\n(b) a summons is issued under section 49.\n(2) The Attorney-General must notify the Director of the CVSU of the\narrest or issuing of the summons.\n(3) The Director of the CVSU must then seek victim submissions about\nthe supervisee under section 83.\n\nPart 5 Supervision orders – compliance and enforcement\nDivision 2 Contravention of supervision order\nSerious Sex Offenders Act 2013 24\n56 Supervision report\n(1) This section applies if:\n(a) a supervisee is arrested under a warrant issued under\nsection 49; or\n(b) a summons is issued under section 49.\n(2) The Attorney-General must notify the Commissioner of Correctional\nServices of the arrest or issuing of the summons.\n(3) The Commissioner of Correctional Services must then prepare a\nsupervision report about the supervisee under section 88.\n57 Court may make medical assessment order\n(1) This section applies if:\n(a) either:\n(i) a supervisee is arrested under a warrant issued under\nsection 49; or\n(ii) a summons is issued under section 49; and\n(b) the Supreme Court has not completed its consideration of the\nalleged contravention under section 58.\n(2) The Court may make a medical assessment order in relation to the\nsupervisee.\n(3) The Court may do so on application or on its own initiative.\n58 Orders on consideration of alleged contravention\n(1) On considering an alleged contravention, if the Supreme Court is\nsatisfied the supervisee has contravened, is contravening, or is\nlikely to contravene, his or her supervision order, the Court must:\n(a) revoke the supervision order; and\n(b) make:\n(i) if the revoked order was an interim supervision order –\nan interim continuing detention order pending\ndetermination of the proceeding in which the supervision\norder was made; or\n(ii) if the revoked order was a final supervision order – a\nfinal continuing detention order.\n\nPart 5 Supervision orders – compliance and enforcement\nDivision 3 General matters about compliance and enforcement\nSerious Sex Offenders Act 2013 25\n(2) However, the Court is not required to make the orders mentioned in\nsubsection (1) if satisfied it would not be appropriate to do so.\n59 Court may amend supervision order if continuing detention\norder not made\n(1) This section applies if, on considering the alleged contravention, the\nSupreme Court:\n(a) is not satisfied that the supervisee has contravened, is\ncontravening or is likely to contravene, his or her supervision\norder; or\n(b) decides under section 58(2) not to make the orders mentioned\nin section 58(1).\n(2) The Court:\n(a) must revoke any interim continuing detention order made\nunder section 52 or 54; and\n(b) may amend the supervision order as it considers appropriate.\nNote for section 59\nIf an interim continuing detention order is revoked under subsection (2)(a), the\nsupervisee will be released from custody but will still be subject to his or her\nsupervision order.\n60 Onus of proof\n(1) The Attorney-General has the onus of satisfying the Supreme Court\nthat the supervisee has contravened, is contravening or is likely to\ncontravene, his or her supervision order.\n(2) The supervisee has the onus of satisfying the Court that it would\nnot be appropriate to make the orders mentioned in section 58(1).\nDivision 3 General matters about compliance and\nenforcement\n61 Effect of detention\n(1) This section applies if:\n(a) a supervisee is in custody; and\n(b) because he or she is in custody, it is not reasonably\npracticable for the supervisee to comply with his or her\nsupervision order.\n\nPart 5 Supervision orders – compliance and enforcement\nDivision 3 General matters about compliance and enforcement\nSerious Sex Offenders Act 2013 26\n(2) The supervisee need not comply with his or her supervision order to\nthe extent that being in custody makes it not reasonably practicable\nto do so.\n62 Inconsistency between supervision order and similar\nobligations\n(1) This section applies if:\n(a) a supervisee is any of the following:\n(i) a reportable offender as defined in section 6(1) of the\nChild Protection (Offender Reporting and Registration)\nAct 2004;\n(ii) subject to an order under Part 3, 4 or 5 of the\nSentencing Act 1995;\n(iii) subject to a domestic violence order under the Domestic\nand Family Violence Act 2007;\n(iv) under any other Act, subject to an obligation relating to a\nmatter that is the subject of a requirement in his or her\nsupervision order; and\n(b) it is not reasonably practicable for the supervisee to comply\nwith his or her supervision order and his or her obligations\nunder the Act mentioned in paragraph (a) (the other\nobligations).\n(2) The supervisee:\n(a) must comply with his or her supervision order; and\n(b) need not comply with his or her other obligations to the extent\nthat compliance with the supervision order makes it not\nreasonably practicable to do so.\n63 Commissioner of Correctional Services must ensure proper\nsupervision\n(1) The Commissioner of Correctional Services must ensure that a\nsupervisee is managed and supervised by probation and parole\nofficers in a way that is appropriate.\n\nPart 5 Supervision orders – compliance and enforcement\nDivision 3 General matters about compliance and enforcement\nSerious Sex Offenders Act 2013 27\n(2) In deciding what is appropriate the Commissioner must have regard\nto the following:\n(a) as the paramount consideration – the need to protect:\n(i) victims of serious sex offences committed, or likely to be\ncommitted, by the supervisee; and\n(ii) the victims' families; and\n(iii) members of the community generally;\n(b) as a secondary consideration – the desirability of providing\nrehabilitation, care and treatment for the supervisee.\n(3) In considering the need for protection mentioned in\nsubsection (2)(a), the Commissioner must have regard to the need\nto ensure that the supervisee's compliance with his or her\nsupervision order is monitored and enforced.\n64 Powers for supervising supervisees\n(1) A probation and parole officer may exercise the officer's powers\nunder section 171 of the Correctional Services Act 2014 as if a\nsupervision order were a monitoring order.\n(1A) However, the officer must not:\n(a) exercise a power under section 170(2)(d) or (e) of the\nCorrectional Services Act 2014 unless the supervisee is\nsubject to a monitoring obligation; or\n(b) direct a supervisee under section 171 of the Correctional\nServices Act 2014 to submit to a prescribed alcohol/drug test\nunless the supervisee is subject to an alcohol or drug\nobligation.\n(2) In this section:\nalcohol or drug obligation means a requirement in, or direction\ngiven under, a supervision order that the supervisee not consume\nalcohol or a drug.\nmonitoring obligation means a requirement in, or direction given\nunder, a supervision order that subjects the supervisee to\nmonitoring using an approved monitoring device.\n\nPart 6 Continuing detention orders – review of final orders\nSerious Sex Offenders Act 2013 28\nPart 6 Continuing detention orders – review of final\norders\n65 Application for review by Attorney-General\n(1) The Attorney-General must apply to the Supreme Court for a review\nof a final continuing detention order:\n(a) if the order has not previously been reviewed – before the\nexpiry of the review period from the date the order came into\nforce; or\n(b) if the order has previously been reviewed – before the expiry\nof the review period from the date the most recent previous\nreview was concluded.\n(2) In this section:\nreview period means 2 years or any shorter period of between\n1 and 2 years stated in the order.\n66 Application for review by detainee\n(1) A detainee may apply to the Supreme Court for a review of a\ncontinuing detention order if:\n(a) the order has been in force for at least 2 years; and\n(b) the Court grants leave for the application to be made.\n(2) The Court may grant leave only if satisfied there are exceptional\ncircumstances.\n(3) The detainee has the onus of satisfying the Court that there are\nexceptional circumstances.\n67 Setting day for review hearing\n(1) If an application is made under section 65 or 66, the Registrar of\nthe Supreme Court must set a date for the hearing.\n(2) The date set must be as soon as practicable after the application is\nmade.\n68 Victim submissions\nIf the Supreme Court sets a hearing date under section 67:\n(a) the Attorney-General must notify the Director of the CVSU of\nthe date; and\n\nPart 6 Continuing detention orders – review of final orders\nSerious Sex Offenders Act 2013 29\n(b) the Director of the CVSU must then seek victim submissions\nabout the detainee under section 83.\n69 Supervision report\nIf the Supreme Court sets a hearing date under section 67:\n(a) the Attorney-General must notify the Commissioner of\nCorrectional Services of the date; and\n(b) the Commissioner of Correctional Services must then prepare\na supervision report about the detainee under section 88.\n70 Court may make medical assessment order\n(1) This section applies if:\n(a) an application has been made under section 65 or 66; and\n(b) the Supreme Court has not made an order under section 71.\n(2) The Court may make a medical assessment order in relation to the\ndetainee.\n(3) The Court may do so on application or on its own initiative.\n71 Orders on review\n(1) On hearing an application made under section 65 or 66, the\nSupreme Court must do one of the following:\n(a) revoke the continuing detention order;\n(b) revoke the continuing detention order and make a final\nsupervision order in relation to the detainee;\n(c) confirm the continuing detention order.\n(2) The Court must not make an order under subsection (1)(b) or (c)\nunless satisfied that the detainee is still a serious danger to the\ncommunity.\n(3) If the Court confirms the continuing detention order, it may amend\nthe order to change the review period for section 65.\n72 Onus of proof\nThe Attorney-General has the onus of satisfying the Supreme Court\nthat it is appropriate to confirm the continuing detention order or\nmake a final supervision order.\n\nPart 7 Revocation of orders\nSerious Sex Offenders Act 2013 30\nPart 7 Revocation of orders\n73 Application to revoke order by Attorney-General\nThe Attorney-General may apply to the Supreme Court to revoke a\ncontinuing detention order or supervision order.\n74 Application to revoke by detainee or supervisee\n(1) A detainee or supervisee may apply to the Supreme Court to\nrevoke a continuing detention order or supervision order if the Court\ngrants leave for the application to be made.\n(2) The Court may grant leave only if satisfied there are exceptional\ncircumstances.\n(3) The detainee or supervisee has the onus of satisfying the Court that\nthere are exceptional circumstances.\n75 Victim submissions\nIf an application is made under section 73 or 74:\n(a) the Attorney-General must notify the Director of the CVSU that\nthe application has been made; and\n(b) the Director of the CVSU must then seek victim submissions\nabout the detainee or supervisee under section 83.\n76 Court may make medical assessment order\n(1) This section applies if an application has been made under\nsection 73 or 74 but has not been finally determined.\n(2) The Supreme Court may make a medical assessment order in\nrelation to the detainee or supervisee.\n(3) The Court may do so on application or on its own initiative.\n77 Court may revoke order\nOn hearing an application made under section 73 or 74, the\nSupreme Court may revoke the continuing detention order or\nsupervision order if satisfied that the grounds for making the order\nno longer exist.\n78 Onus of proof\nThe applicant has the onus of satisfying the Supreme Court that it is\nappropriate to revoke a continuing detention order or supervision\norder.\n\nPart 8 Medical assessments and victim submissions\nDivision 1 Medical assessment orders and reports\nSerious Sex Offenders Act 2013 31\nPart 8 Medical assessments and victim submissions\nDivision 1 Medical assessment orders and reports\n79 Medical assessment orders\n(1) A medical assessment order is an order that the person about\nwhom it is made submit to being examined by each of 1 or 2\nmedical experts named in the order.\n(2) A medical assessment order also has effect:\n(a) to authorise each expert to examine the person; and\n(b) to require each expert to:\n(i) prepare a report about the person (a medical report);\nand\n(ii) give the report to the Attorney-General by the date\nstated in the order.\n(3) The expert must prepare the report even if the person does not\ncooperate with the expert.\n(4) The expert must have regard to all information given to him or her\nunder section 80.\n(5) A medical report must set out the following:\n(a) the expert's opinion of the risk of the person committing\nanother serious sex offence if he or she is not detained in\ncustody or subject to a supervision order;\n(b) the expert's reasons for that opinion;\n(c) the extent to which the person cooperated with the expert.\n(6) A medical expert cannot be named in a medical assessment order\nif he or she is a public sector employee in the Agency administering\nthe Correctional Services Act 2004.\nNote for section 79\nA medical assessment order may be made under section 25(2)(b), 36(2), 43(2),\n57(2), 70(2) or 76.\n80 Information to be given to medical expert\n(1) The Commissioner of Correctional Services must give to a medical\nexpert named in a medical assessment order all relevant\n\nPart 8 Medical assessments and victim submissions\nDivision 2 Victim submissions\nSerious Sex Offenders Act 2013 32\ninformation (including medical or custodial correctional facility\nreports) that is in the Commissioner's possession or to which the\nCommissioner has, or may be given, access.\n(2) On the written request of the Commissioner, a person in\npossession or control of the information must give the information to\nthe Commissioner.\n(3) However, subsections (1) and (2) do not require:\n(a) the Commissioner to give to an expert information that has\npreviously been given to the expert; or\n(b) a person to give to the Commissioner information he or she\nhas previously given to the Commissioner.\n(4) If a person fails to give the information to the Commissioner when\nrequested, the Supreme Court may, on application by the\nCommissioner, order the person to do so.\n(5) A person who gives information under this section is not liable,\ncivilly, criminally or under an administrative process, for giving the\ninformation.\n81 Report to be given to person being assessed\nThe Attorney-General must give a copy of a medical report to the\nperson to whom it relates before the end of the next business day\nafter the Attorney-General receives the report.\n82 Report to be produced to court\nIf a court makes a medical assessment order:\n(a) a resulting medical report is admissible as evidence in relation\nto a matter mentioned in section 6(2), 9 or 14; and\n(b) the Attorney-General must tender the report in evidence.\nDivision 2 Victim submissions\n83 Seeking submissions from victims\n(1) This section applies if:\n(a) the Director of the CVSU is required under section 26, 34, 41,\n55, 68 or 75 to seek victim submissions about a person (the\noffender); and\n\nPart 8 Medical assessments and victim submissions\nDivision 2 Victim submissions\nSerious Sex Offenders Act 2013 33\n(b) the offender is an offender to whom Part 4 of the Victims of\nCrime Rights and Services Act 2006 applies; and\n(c) one or more persons are registered in the Victims Register in\nrelation to the offender (each a registered person).\n(2) As soon as practicable after the requirement to seek submissions\narises, the Director must give each registered person a written\nnotice:\n(a) informing the person:\n(i) for section 26, 34, 41, 68 or 75 – that an application has\nbeen made in relation to the offender, and of the nature\nof the application and the hearing date; or\n(ii) for section 55 – that the offender has been arrested or\nsummonsed and of the date of the hearing under\nsection 58; and\n(b) inviting the person to make a submission about the offender\nas mentioned in section 84; and\n(c) informing the person of the effect of sections 85 and 86; and\n(d) informing the person that any submission must:\n(i) be in writing; and\n(ii) be given to the Director by the date stated in the notice\n(the closing date); and\n(iii) if the person wishes to consent to the submission being\ndisclosed to the offender – include a statement\nconsenting to the disclosure.\n(3) However, the Director is not required to give notice to a registered\nperson who has previously informed the Director that he or she\ndoes not wish to receive notices under this Act about the offender.\n(4) As soon as practicable after the closing date, the Director must give\nto the Attorney-General:\n(a) a copy of each submission received from a registered person\nbefore the closing date; or\n(b) if no submissions are received – notice of that fact.\n\nPart 8 Medical assessments and victim submissions\nDivision 2 Victim submissions\nSerious Sex Offenders Act 2013 34\n84 Content of victim submissions\n(1) In a victim submission a registered person may set out his or her\nviews about any of the following:\n(a) the impact the offender's offending has had on the victim or\nother persons;\n(b) whether the offender is a serious danger to the community;\n(c) whether the offender should be subject to a continuing\ndetention order or supervision order;\n(d) if the offender is to be subject to a supervision order, what the\nterms of the order should be;\n(e) any other matter prescribed by regulation.\n(2) A person who makes a submission may amend or withdraw it.\n85 Victim submissions to be produced to court\nIf the Director of the CVSU receives a victim submission under\nsection 83:\n(a) the Director must give the submission to the Attorney-General;\nand\n(b) the submission is admissible as evidence in relation to a\nmatter mentioned in section 6(2), 9 or 14; and\n(c) the Attorney-General must tender the submission in evidence.\n86 Victim submissions not to be disclosed without consent\n(1) This section applies if a person makes a victim submission but has\nnot given written consent for it to be disclosed to the offender.\n(2) Neither a court, the Director of the CVSU nor the Attorney-General\nmay disclose the submission to the offender.\n(3) A court:\n(a) may have regard to the submission; and\n(b) in deciding the weight to be given to the statement, may have\nregard to the absence of consent and the non-disclosure to\nthe offender.\n\nPart 8 Medical assessments and victim submissions\nDivision 3 Supervision reports\nSerious Sex Offenders Act 2013 35\n(4) A court may disclose the substance of the statement to the\noffender, or the offender's legal representative, but only if satisfied\nthat doing so could not reasonably be expected to lead to the\nidentification of the victim or the registered person.\n87 No inference to be drawn from no victim submission\n(1) The fact that a victim submission has not been received from a\nparticular victim (or a registered person for the victim) does not, of\nitself, give rise to an inference:\n(a) that the offender's offending had little or no impact on the\nvictim or registered person; or\n(b) that the victim or registered person has no interest in the\noutcome of the proceeding.\n(2) The fact that no victim submissions have been received does not,\nof itself, give rise to an inference:\n(a) that no person has suffered harm as a result of the offender's\noffending; or\n(b) that the offender is not a serious danger to the community; or\n(c) that the offender should not be subject to a continuing\ndetention order or supervision order.\nDivision 3 Supervision reports\n88 Commissioner of Correctional Services to prepare report for\nAttorney-General\n(1) This section applies if the Commissioner of Correctional Services is\nrequired under section 27, 35, 42, 56 or 69 to prepare a supervision\nreport about a person.\n(2) As soon as practicable after the requirement to prepare the report\narises, the Commissioner must:\n(a) prepare a written report in accordance with subsection (3);\nand\n(b) give the report to the Attorney-General.\n(3) The report:\n(a) must include the Commissioner's opinion as to whether, if a\nsupervision order is made in relation to the person or the\nperson's supervision order is continued in force, it would be\n\nPart 9 Procedure\nDivision 1 Applications\nSerious Sex Offenders Act 2013 36\nreasonably practicable for the Commissioner to ensure that\nthe person is appropriately managed and supervised as\nrequired under section 63; and\n(b) may include any requirements that, in the Commissioner's\nopinion, ought to be included in the order if it is made or\ncontinued in force; and\n(c) must include the grounds for the Commissioner's opinions\nunder paragraphs (a) and (b).\n89 Report to be produced to court\nIf a report is required to be prepared under section 88:\n(a) the report is admissible as evidence in relation to a matter\nmentioned in section 9 or 14; and\n(b) the Attorney-General must tender the report in evidence.\nPart 9 Procedure\nDivision 1 Applications\n90 Form and content of applications\n(1) An application to a court under this Act must:\n(a) state the terms of the order being sought; and\n(b) be accompanied by any affidavits the applicant intends to rely\non in relation to the application; and\n(c) subject to this Act, be made in accordance with the Supreme\nCourt Act 1979.\n(2) The applicant must serve the application (including any\naccompanying documents) on the respondent within 7 business\ndays of the application being filed.\n91 Respondent may file affidavits in response\n(1) If the respondent intends to rely on an affidavit in relation to the\napplication, the respondent must:\n(a) file the affidavit with the court; and\n(b) serve a copy of it on the applicant.\n\nPart 9 Procedure\nDivision 2 General matters\nSerious Sex Offenders Act 2013 37\n(2) The affidavit must be filed and served within the time allowed by the\nCourt or the Registrar of the Supreme Court.\n92 Content of affidavits\n(1) An affidavit must be confined to evidence the person making it\ncould give if giving evidence orally.\n(2) However, an affidavit may contain statements based on information\nand belief if the person states the sources of the information and\nthe grounds for the belief.\n93 Discontinuance\n(1) This section applies if:\n(a) a person has made an application to a court under this Act;\nand\n(b) the application has not been finally determined.\n(2) The applicant may discontinue the application by filing a notice of\ndiscontinuance at the court.\n(3) The application is taken to have been finally determined when the\nnotice is filed.\nDivision 2 General matters\n94 Nature of proceedings\n(1) All proceedings under this Act (including a proceeding under Part 5,\nDivision 2) are civil proceedings.\n(2) An application for a warrant or summons made under section 48 is\nan ex parte proceeding.\n(3) The parties to any other proceeding are:\n(a) in a proceeding under Part 3 – the Attorney-General and the\nperson in relation to whom the continuing detention order or\nsupervision order is sought; and\n(b) in a proceeding relating to a continuing detention order or\nsupervision order – the Attorney-General and the detainee or\nsupervisee.\n(4) The proceedings are to be conducted in accordance with the law\n(including the law of evidence) applicable to civil proceedings\nunless this Act provides otherwise.\n\nPart 9 Procedure\nDivision 2 General matters\nSerious Sex Offenders Act 2013 38\n(5) This section does not apply in relation to a prosecution for an\noffence.\n95 Standard of proof\n(1) The standard of proof as to whether a person is a serious danger to\nthe community is as mentioned in section 7(1).\n(2) The standard of proof for all other matters under this Act is the\nbalance of probabilities.\n(3) This section does not apply in relation to a prosecution for an\noffence.\n96 Duty of Attorney-General to disclose relevant material\n(1) In a civil proceeding under this Act, the Attorney-General has the\nsame duty to disclose relevant material as the prosecution has in a\ncriminal proceeding.\n(2) The Attorney-General must disclose the material as soon as\npracticable after the proceeding commences.\n(3) In this section:\nrelevant material means information and things that are relevant to\nthe proceeding and that are in the possession of, or available to,\nthe Attorney-General or Commissioner of Correctional Services,\nwhether or not intended to be tendered in evidence.\n97 Evidence\n(1) This section applies in relation to a civil proceeding under this Act.\n(2) If it is relevant, any of the following is admissible as evidence in\nrelation to a matter mentioned in section 6(2), 9 or 14:\n(a) a medical, psychiatric or psychological report about the\naffected person;\n(b) evidence of the affected person's criminal history in the\nTerritory or elsewhere;\n(c) evidence of the extent to which the affected person has\ncomplied with any of the following that apply, or have\npreviously applied, to the affected person:\n(i) a supervision order;\n(ii) the Child Protection (Offender Reporting and\nRegistration) Act 2004;\n\nPart 9 Procedure\nDivision 2 General matters\nSerious Sex Offenders Act 2013 39\n(iii) an order under Part 3, 4 or 5 of the Sentencing Act 1995;\n(iv) a domestic violence order under the Domestic and\nFamily Violence Act 2007;\n(v) a parole order;\n(vi) conditions imposed on a grant of bail under the Bail\nAct 1982;\n(d) evidence of whether the affected person has made efforts to\naddress causes of his or her offending behaviour and, if so,\nthe effectiveness of those efforts;\n(e) a transcript of any proceeding against the affected person for\na serious sex offence;\n(f) the reasons for decision or sentencing remarks of the\nsentencing court when the affected person was sentenced for\na serious sex offence;\n(g) statistical information as to the likelihood of persons with\nhistories and characteristics similar to those of the affected\nperson committing serious sex offences.\n(3) This section does not:\n(a) require a party to a proceeding to tender evidence mentioned\nin subsection (2); or\n(b) prevent a party to a proceeding from tendering any other\nevidence.\n(4) In this section:\naffected person means:\n(a) in a proceeding under Part 3 – the person in relation to whom\nthe continuing detention order or supervision order is sought;\nor\n(b) otherwise – the detainee or supervisee.\nNotes for section 97\n1 Sections 82 and 85 require the Attorney-General to tender in evidence\nmedical reports prepared under medical assessment orders and victim\nsubmissions.\n2 In a criminal proceeding for an offence against this Act, the ordinary rules\nof evidence applicable in criminal proceedings will apply.\n\nPart 9 Procedure\nDivision 2 General matters\nSerious Sex Offenders Act 2013 40\n98 Records as evidence of supervisee's conduct\n(1) This section applies in relation to any civil or criminal proceeding in\nwhich a supervisee's compliance with a supervision order is\nrelevant.\n(2) If they are relevant, the following are admissible as evidence of the\nsupervisee's conduct:\n(a) records generated by or through an approved monitoring\ndevice;\n(b) notebooks, diaries or other records kept by a probation and\nparole officer.\n99 Certain matters may be decided on papers\n(1) This section applies in relation to the following proceedings:\n(a) a preliminary hearing under section 25;\n(b) an application to extend a final supervision order on an interim\nbasis under section 37;\n(c) an application to amend a supervision order under Part 4,\nDivision 2.\n(2) The Supreme Court may determine the matter entirely or partly\nfrom a consideration of the documents filed in relation to the matter,\nwithout the affected person or witnesses appearing.\n(3) The Court may do so without the affected person consenting to, or\nbeing heard on, the matter being decided in that way.\n(4) In this section:\naffected person means:\n(a) for a preliminary hearing under section 25 – the person in\nrelation to whom the continuing detention order or supervision\norder is sought; or\n(b) otherwise – the detainee or supervisee.\n100 Court may give directions\nIn any proceeding under this Act a court may give directions in\nrelation to the conduct of the proceeding on application or on its\nown initiative.\n\nPart 10 Appeals\nSerious Sex Offenders Act 2013 41\n101 Court must give reasons for final order\nWhen making a final continuing detention order or final supervision\norder a court must give detailed reasons for making the order.\nPart 10 Appeals\n102 Right of appeal\n(1) The Attorney-General or a person in relation to whom the Supreme\nCourt makes a decision under this Act (the original decision) may\nappeal to the Court of Appeal against that decision.\n(2) The appeal may be on matter of fact, law or fact and law.\nNote for section 102\nThe Rules of Court under the Supreme Court Act 1979 set out the procedure for\nmaking an appeal, including the form and content of the notice of appeal and\nrequirements for service.\n103 Appeal does not stay decision\nAn appeal against a decision does not stay the operation of the\noriginal decision unless the Court of Appeal orders otherwise.\n104 Nature of appeal\n(1) The appeal is to be by way of rehearing and is not an appeal de\nnovo.\n(2) The Court of Appeal may receive further evidence as it considers\nappropriate.\n105 Interim orders pending hearing of appeal\n(1) This section applies if an appeal has been made under section 102\nbut has not been finally determined.\n(2) The Court of Appeal may make an interim continuing detention\norder or interim supervision order in relation to the person the\nsubject of the original decision pending determination of the appeal.\n106 Decision on appeal\n(1) After hearing an appeal, the Court of Appeal must do one of the\nfollowing:\n(a) confirm the original decision;\n(b) vary the original decision;\n\nPart 11 General matters\nSerious Sex Offenders Act 2013 42\n(c) set aside the original decision;\n(d) set aside the original decision and replace it with the Court of\nAppeal's own decision;\n(e) set aside the original decision and remit the matter back to the\nSupreme Court for reconsideration.\n(2) If it remits a matter under subsection (1)(e), the Court of Appeal\nmay give directions to the Supreme Court as it considers\nappropriate.\n(3) The Court of Appeal may make any ancillary orders it considers\nappropriate.\n107 Interim orders pending rehearing after appeal\n(1) This section applies if the Court of Appeal has remitted a matter to\nthe Supreme Court under section 106(1)(e) but the matter has not\nbeen heard by the Supreme Court.\n(2) The Court of Appeal may make an interim continuing detention\norder or interim supervision order in relation to the person the\nsubject of the remitted matter pending the hearing of the matter by\nthe Supreme Court.\nPart 11 General matters\n108 Name changes\n(1) A person commits an offence if:\n(a) the person applies under a name registration Act to register a\nchange of the name of a detainee or supervisee; and\n(b) the Commissioner of Correctional Services has not given\nwritten permission for the application to be made.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) In deciding whether to give the permission for subsection (1)(b), the\nCommissioner must have regard to each of the following:\n(a) as the paramount consideration – the need to protect:\n(i) victims of serious sex offences committed, or likely to be\ncommitted, by the person; and\n\nPart 11 General matters\nSerious Sex Offenders Act 2013 43\n(ii) the victims' families; and\n(iii) members of the community generally;\n(b) as a secondary consideration – the rehabilitation, care and\ntreatment of the detainee or supervisee.\n(4) In considering the need for protection mentioned in\nsubsection (3)(a), the Commissioner must have regard to the\nfollowing:\n(a) whether the proposed name change could be used to further\nan unlawful activity or purpose;\n(b) whether the proposed name change could be considered\noffensive to victims of serious sex offences committed by the\ndetainee or supervisee or the victims' families.\n(5) In this section:\nname registration Act means the Births, Deaths and Marriages\nRegistration Act 1996 or an Act of another jurisdiction that allows a\nperson to register a change of his or her name.\nNote for section 108\nIf a change of name is registered under the Births, Deaths and Marriages\nRegistration Act 1996 without the permission of the Commissioner of Correctional\nServices, the Commissioner may direct the amendment be reversed (see\nsection 27A of the Births, Deaths and Marriages Registration Act 1996).\n109 Commissioner of Correctional Services to provide information\nto Attorney-General\n(1) On request by the Attorney-General, the Commissioner of\nCorrectional Services must give to the Attorney-General any\ninformation in the possession or control of the Commissioner that is\nreasonably necessary to enable the Attorney-General to perform\nthe Attorney-General's functions under this Act.\n(2) A person who gives the requested information to the\nAttorney-General is not liable, civilly, criminally or under an\nadministrative process, for giving the information.\n110 Attorney-General may obtain information from other persons\n(1) On the written request of the Attorney-General, a person in\npossession or control of information that relates to the behaviour, or\nphysical or mental condition, of a qualifying offender, supervisee or\ndetainee must give the information to the Attorney-General.\n\nPart 11 General matters\nSerious Sex Offenders Act 2013 44\n(2) If a person fails to give the information to the Attorney-General\nwhen requested, the Supreme Court may, on application by the\nAttorney-General, order the person to do so.\n(3) A person who gives information under this section is not liable,\ncivilly, criminally or under an administrative process, for giving the\ninformation.\n111 Costs of damage to equipment recoverable by Territory\nIf a supervisee damages an approved monitoring device or an\nassociated device, machine or equipment:\n(a) the supervisee is liable to pay the costs of repairing or\nreplacing the device, machine or equipment; and\n(b) the costs may be recovered from the supervisee as a debt due\nto the Territory.\n112 Offence to disclose certain information\n(1) A person commits an offence if:\n(a) the person:\n(i) obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; or\n(ii) is given information under section 112A; and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the\ninformation; or\n(iii) authorised under section 112A; and\n\nPart 11 General matters\nSerious Sex Offenders Act 2013 45\n(e) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (d).\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) If the information referred to in subsection (1) relates to a person, it\nis a defence to a prosecution for an offence against that subsection\nif the person has consented to the disclosure of the information.\nNote for subsection (3)\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n112A Authorised disclosures of information\n(1) A person who obtains confidential information in the course of\nexercising a power or performing a function connected with the\nadministration of this Act may disclose that confidential information\nto another person if the person believes on reasonable grounds the\ndisclosure is necessary to:\n(a) enable the other person to:\n(i) facilitate the rehabilitation, care or treatment of a\nrelevant person; or\n(ii) make an assessment of the other person's capacity to\nfacilitate the rehabilitation, care or treatment of a\nrelevant person; or\n(b) reduce the risk of a relevant person committing a serious sex\noffence or an offence of a sexual nature or engaging in any\nconduct that threatens the safety of any person; or\n(c) lessen or prevent a serious threat to the life, health, safety or\nwelfare of any person.\n(2) The Commissioner of Correctional Services must make guidelines\nin relation to the disclosure of information under this section to\nensure that disclosures are limited to the greatest extent that is\npossible without interfering with the objects of this Act.\n(3) In this section:\nrelevant person means a detainee, a supervisee or a person in\nrelation to whom an application under section 23 has been made.\n\nPart 12 Transitional matters for Serious Sex Offenders Amendment Act 2021\nSerious Sex Offenders Act 2013 46\n112B Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function by the person under this Act.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n113 Regulations\nThe Administrator may make regulations under this Act.\nPart 12 Transitional matters for Serious Sex Offenders\nAmendment Act 2021\n114 Definitions\nIn this Part:\namending Act means the Serious Sex Offenders Amendment\nAct 2021.\ncommencement means the commencement of section 3 of the\namending Act.\n115 Application of section 22\nTo avoid doubt, for the purposes of section 22, it is immaterial when\na serious sex offence, as defined after the commencement, was\ncommitted or when a person was charged or convicted of the\noffence.\n116 Application of section 104\nSection 104, as in force after the commencement, applies in\nrelation to an appeal made after the commencement.\n117 Supervision orders made before commencement\n(1) On commencement, a requirement in an existing supervision order\nthat a supervisee must not commit a serious sex offence or an\noffence of a sexual nature is taken to be a requirement that the\n\nPart 12 Transitional matters for Serious Sex Offenders Amendment Act 2021\nSerious Sex Offenders Act 2013 47\nsupervisee must not commit a serious sex offence or an offence of\na sexual nature as those terms are defined after the\ncommencement.\n(2) However, a supervisee does not contravene a requirement of the\nsupervisee's existing supervision order if, before the\ncommencement, the supervisee committed an offence that was not\na serious sex offence or an offence of a sexual nature at the time\nthe offence was committed.\n(3) In this section:\nexisting supervision order means a supervision order that was\nmade before the commencement and is in force on or after the\ncommencement.\n\nSchedule 1 Serious sex offences\nSerious Sex Offenders Act 2013 48\nSchedule 1 Serious sex offences\nsection 4, definition serious sex offence\nCriminal Code\nProvision of Act Qualification\nsection 125B If the person produces child abuse material\nsection 125D,\n186B, 201, 202B,\n202C, 202D, 208H,\n208HA, 208HB,\n208J, 208JA,\n208JB, 208JC,\n208JD, 208JE,\n208JF, 208JG,\n208JH, 208JI,\n208K, 208KA or\n208KB\nsection 208LB,\n208LC or 208LD\nIf the victim is under 16 years\nsection 208MA If the victim is under 18 years\nSex Industry Act 2019\nProvision of Act Qualification\nsection 12\nsection 13\nsection 14\n\nSchedule 1 Serious sex offences\nSerious Sex Offenders Act 2013 49\nCriminal Code (Cth)\nProvision of Act Qualification\nsection 271.4 If the first-mentioned person intends or is reckless as to\nwhether the other person will be used to provide sexual\nservices\nsection 271.7 If the first person intends or is reckless as to whether the\nother person will be used to provide sexual services\nsection 272.8\nsection 272.9\nsection 272.10\nsection 272.11\nsection 272.12\nsection 272.13\nsection 272.14\nsection 272.15\nsection 272.15A\nsection 272.18\nsection 272.19\nsection 273.6 If the person produces child abuse material\nsection 273.7\nsection 471.20 If the person produces child abuse material\nsection 471.22\nsection 471.24\nsection 471.25\nsection 471.25A\nsection 471.26\nsection 474.19 If the person transmits child pornography material\n\nSchedule 1 Serious sex offences\nSerious Sex Offenders Act 2013 50\nsection 474.22 If the person transmits child abuse material\nsection 474.23 If the person produces child abuse material\nsection 474.24A\nsection 474.25A\nsection 474.25B\nsection 474.26\nsection 474.27\nsection 474.27AA\nsection 474.27A\n\nSchedule 2 Offences of a sexual nature\nSerious Sex Offenders Act 2013 51\nSchedule 2 Offences of a sexual nature\nsection 4, definition offence of\na sexual nature, paragraph (b)\nNote for Schedule 2\nSerious sex offences are also offences of a sexual nature (see section 4, definition offence of\na sexual nature, paragraph (a)).\nCriminal Code\nProvision of Act Qualification\nsection 125B If the person sells, distributes or possesses, or offers or\nadvertises for sale or distribution, child abuse material\nsection 176 If the offence intended to be committed or facilitated is a\nserious sex offence\nsection 193 If the offence intended to be committed is a serious sex\noffence\nsection 208HC or\n208HD\nsection 208LB,\n208LC or 208LD\nIf the victim is 16 years or more\nsection 208MA If the victim is 18 years or more\nsection 208N\nsection 220 or 221 If the offence intended to be committed is a serious sex\noffence\nSummary Offences Act 1923\nProvision of Act Qualification\nsection 47AC\nCriminal Code (Cth)\nProvision of Act Qualification\nsection 272.20\n\nSchedule 2 Offences of a sexual nature\nSerious Sex Offenders Act 2013 52\nsection 273.6 If the person possesses or controls or distributes or\nobtains child abuse material\nsection 273A.1\nsection 471.19\nsection 471.20 If the person possesses or controls, or supplies or obtains\nchild abuse material\nsection 474.22 If the person accesses child abuse material, causes child\nabuse material to be transmitted to himself or herself,\nmakes available, publishes, distributes, advertises or\npromotes child abuse material, or solicits child abuse\nmaterial\nsection 474.22A\nsection 474.23 If the person possess or controls, or supplies or obtains\nchild abuse material\nsection 474.23A\nsection 474.25C\nCustoms Act 1901 (Cth)\nProvision of Act Qualification\nsection 233BAB If the tier 2 goods are items of child abuse material\n\nENDNOTES\nSerious Sex Offenders Act 2013 53\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSerious Sex Offenders Act 2013 (Act No. 9, 2013)\nAssent date 3 May 2013\nCommenced 1 July 2013 (Gaz G24, 12 June 2013, p 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nSex Industry Act 2019 (Act No. 40, 2019)\nAssent date 13 December 2019\nCommenced 12 June 2020 (Gaz S35, 11 June 2020)\nSerious Sex Offenders Amendment Act 2021 (Act No. 12, 2021)\nAssent date 20 May 2021\nCommenced 5 July 2021 (Gaz G25, 23 June 2021, p 1)\nCriminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022)\nAssent date 31 October 2022\nCommenced 30 April 2023 (Gaz G8, 13 April 2023, p 1)\n\nENDNOTES\nSerious Sex Offenders Act 2013 54\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pts 4 and 8: nc; pts 9 and 10: 1 July 2024 (s 2(3));\nrem: 25 May 2024 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 12, 15, 22, 29, 50, 51,\n62, 64, 79, 83, 90, 97, 102 and 108.\n4 LIST OF AMENDMENTS\ns 4 amd No. 27, 2014, s 57; No. 12, 2021, s 4\ns 10 amd No. 27, 2014, s 57\ns 11 amd No. 12, 2021, s 5\ns 12 amd No. 27, 2014, s 57\ns 14 amd No. 27, 2014, s 57\ns 16 amd No. 27, 2014, s 57\ns 18 amd No. 27, 2014, s 57\ns 19 amd No. 12, 2021, s 6\nss 20 – 21 amd No. 27, 2014, s 57\ns 22 amd No. 27, 2014, s 57; No. 4, 2024, s 52\ns 27 amd No. 27, 2014, s 57\ns 29 amd No. 27, 2014, s 57\ns 35 amd No. 27, 2014, s 57\ns 42 amd No. 27, 2014, s 57\ns 46A ins No. 12, 2021, s 7\ns 48 amd No. 27, 2014, s 57; No. 8, 2016, s 45; No. 12, 2021, s 8\ns 49 amd No. 27, 2014, s 57; No. 8, 2016, s 45; No. 12, 2021, s 9\ns 50 amd No. 8, 2016, s 45; No. 12, 2021, s 10\ns 56 amd No. 27, 2014, s 57\ns 59 amd No. 38, 2014, s 2\nss 63 – 64 amd No. 27, 2014, s 57\ns 69 amd No. 27, 2014, s 57\ns 79 amd No. 27, 2014, s 57; No. 12, 2021, s 11\ns 80 amd No. 27, 2014, s 57\ns 88 amd No. 27, 2014, s 57; No. 12, 2021, s 12\ns 90 amd No. 12, 2021, s 13\ns 91 amd No. 12, 2021, s 14\n\nENDNOTES\nSerious Sex Offenders Act 2013 55\ns 96 amd No. 27, 2014, s 57\ns 98 amd No. 27, 2014, s 57\ns 104 amd No. 12, 2021, s 15\nss 108 – 109 amd No. 27, 2014, s 57\ns 112 sub No. 12, 2021, s 16\nss 112A –\n112B ins No. 12, 2021, s 16\npt 12 hdg exp No. 9, 2013, s 137\nins No. 12, 2021, s 17\npt 12\ndiv 1 hdg exp No. 9, 2013, s 137\nss 114 – 115 exp No. 9, 2013, s 137\nins No. 12, 2021, s 17\npt 12\ndiv 2 hdg exp No. 9, 2013, s 137\nss 116 – 117 exp No. 9, 2013, s 137\nins No. 12, 2021, s 17\nss 118 – 119 exp No. 9, 2013, s 137\npt 12\ndiv 3 hdg exp No. 9, 2013, s 137\nss 120 – 121 exp No. 9, 2013, s 137\npt 12\ndiv 4 hdg exp No. 9, 2013, s 137\nss 122 – 124 exp No. 9, 2013, s 137\npt 12\ndiv 5 hdg exp No. 9, 2013, s 137\nss 125 – 128 exp No. 9, 2013, s 137\npt 12\ndiv 6 hdg exp No. 9, 2013, s 137\nss 129 – 134 exp No. 9, 2013, s 137\npt 12\ndiv 7 hdg exp No. 9, 2013, s 137\nss 135 – 136 exp No. 9, 2013, s 137\npt 12\ndiv 8 hdg exp No. 9, 2013, s 137\ns 137 exp No. 9, 2013, s 137\nsch 1 amd No. 40, 2019, s 38\nsub No. 12, 2021, s 18\namd No. 20, 2023, s 43\nsch 2 amd No. 8, 2016, s 45\nsub No. 12, 2021, s 18\namd No. 24, 2022, s 35; No. 20, 2023, s 44; No. 9, 2024, s 42","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a preventive detention and post-sentence supervision scheme for serious sex offenders. While it has been amended multiple times (as shown in the Endnotes), these amendments appear to be refinements and updates rather than significant expansions beyond the original purpose. The 2021 amendments added information disclosure protections (ss 112A, 112B) and transitional provisions, but did not fundamentally alter the scheme's scope."},"complexity_factors":["Extensive cross-referencing with other NT Acts (Correctional Services Act 2014, Parole Act 1971, Sentencing Act 1995, Child Protection (Offender Reporting and Registration) Act 2004, etc.)","Multiple overlapping order types (interim vs final, detention vs supervision) with different commencement rules, durations, and review mechanisms","Nested conditional logic in definitions — e.g., 'qualifying offender' (s 22) has multiple limbs including complex temporal conditions about when sentences end and custody status","47+ defined terms in s 4, many referring to other sections or external legislation","Dual onus of proof arrangements — Attorney-General bears onus for most applications, but detainee/supervisee bears onus for proving 'exceptional circumstances' for leave to apply (ss 66, 74) or release pending hearing (s 53)","Detailed procedural requirements with strict timelines (e.g., preliminary hearing within 28 business days, s 24; 6-month cap on interim detention orders unless exceptional circumstances, s 11)","Complex interaction with parole — suspension, revocation, and prohibition on bail (ss 28, 29, 12)","Victim submission regime with specific confidentiality rules and admissibility constraints (Part 8, Div 2)","Medical assessment framework requiring reports from 1–2 experts with specific content requirements (ss 79–82)","Transitional provisions (Part 12) dealing with amendments from 2021 Act, including expired and re-inserted sections"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's scheme for keeping certain serious sex offenders locked up or under strict supervision *after* they have finished serving their prison sentence. It creates two main tools:\n\n*   **Continuing Detention Orders (CDOs):** Allows the Supreme Court to order that a person remain in prison indefinitely if they pose an \"unacceptable risk\" of committing another serious sex offence. These orders are reviewed every 1–2 years.\n*   **Supervision Orders:** Allows the Court to release a person into the community under strict conditions for at least 5 years (extendable). Conditions can include electronic monitoring, curfews, drug testing, restrictions on where they can live or work, and bans on contacting victims.\n\n**Who it affects:**\n\n*   **\"Qualifying offenders\"** — people convicted of serious sex offences (listed in Schedules 1 and 2) who are either still serving their sentence or have recently finished it.\n*   **Victims** — the Act gives victims a formal voice in proceedings through \"victim submissions,\" which the Court must consider.\n*   **Government agencies** — the Attorney-General applies for orders, the Commissioner of Correctional Services supervises people on supervision orders, and medical experts (psychiatrists) assess risk.\n\n**Why it matters:**\n\nThis law allows the State to restrict someone's liberty *not for what they have done*, but for what they *might* do in the future. It is controversial because it involves **preventive detention** — imprisonment based on predicted future risk rather than punishment for past crimes. The law tries to balance community safety against the rights of the individual by requiring:\n\n*   A high standard of proof (\"high degree of probability\");\n*   Medical evidence of risk;\n*   Regular reviews of detention orders;\n*   Victims' views to be heard.\n\n**Key features:**\n\n*   **Civil proceedings:** These are not criminal trials, so standard criminal protections (like the presumption of innocence) don't fully apply, though the Attorney-General must disclose relevant material.\n*   **Interim orders:** The Court can make temporary detention or supervision orders while applications are being decided.\n*   **Strict penalties:** Breaching a supervision order carries up to 2 years' imprisonment.\n*   **Name changes:** Detainees and supervisees cannot change their names without permission."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as presented includes amendments and transitional provisions that change elements of the original text. The endnotes and list of legislation show later amending Acts (for example, Serious Sex Offenders Amendment Act 2021; Criminal Justice Legislation Amendment (Sexual Offences) Act 2023; Justice and Other Legislation Amendment Act 2024) and multiple sections and schedules have been amended (see Endnotes and List of Legislation). Part 12 contains transitional matters for the 2021 amendment (sections 114–117). The Schedule of serious sex offences and Schedule 2 entries have been amended (see endnotes referencing amendments to Schedule 1 and Schedule 2). Specific sections identified as amended in the text include definitions (section 4), the qualifying-offender rules (section 22), and procedural and evidentiary sections (see list of amendments in endnotes). These amendments alter the Act's scope by changing definitions, the list of qualifying offences, and procedural provisions governing applications, evidence and appeals (see endnotes and sections cited above)."},"complexity_factors":["Multiple overlapping procedures: preliminary hearing, interim orders, final orders, reviews, revocations and appeals (see Parts 3, 6, 7, 10)","High standard of proof for the core determination plus different standards for other matters (sections 7 and 95)","Interplay with other legislation and registers (Parole Act 1971, Child Protection (Offender Reporting and Registration) Act 2004, Victims of Crime Rights and Services Act 2006; see sections 15, 29, 26, 83)","Extensive evidentiary and administrative requirements (medical assessment orders, supervision reports, Commissioner and Attorney-General disclosure duties—sections 79–81, 88–89, 96)","Significant judicial and executive discretion (court may order detention or supervision, probation/parole officers direct supervisees, Commissioner issues guidelines—sections 31, 20, 63, 112A(2))","Multiple enforcement paths and remedies (criminal offence for breach, civil-style Supreme Court proceedings, warrants/summonses, interim detention—sections 46–54, 58)","Confidentiality and restricted disclosure regimes complicate evidence handling and victim participation (sections 83–86, 112–112A)","Operational complexity from monitoring technology and related rules (approved monitoring devices, powers to require installation and authorise access—sections 20(4), 64, 111)"],"plain_english_summary":"What this law does, in plain terms\n\n- This Act creates a legal process for the Supreme Court to order either continued detention in custody or supervised release (a supervision order) for people convicted of certain \"serious sex offences\" (see Schedule 1) who pose a \"serious danger to the community\". (See sections 8, 13, 22, Schedule 1.)\n\n- Who can start the process: the Attorney-General may apply to the Supreme Court for a final continuing detention order or a final supervision order in relation to a qualifying offender. A qualifying offender is someone convicted of a listed serious sex offence who is under sentence or otherwise in custody as described in section 22. (See sections 23 and 22.)\n\n- How the court decides: the court first holds a short preliminary hearing to decide whether the material alleged would, if proved, satisfy the court that the person is a serious danger to the community (section 25). If the court is satisfied at that stage, it sets a hearing date and may order medical assessments. At the hearing the Attorney-General bears the onus of proof and the court must be satisfied, to a high degree of probability, that there is sufficient cogent evidence a serious danger exists. (See sections 25, 7, 32, 95.)\n\n- The two main outcomes:\n  - Continuing detention order: the person is detained in custody. A final continuing detention order is indefinite until revoked. Interim continuing detention orders can be made while proceedings are pending but are time-limited (maximum pendency without exceptional circumstances). (See sections 8 and 10–11.)\n  - Supervision order: the person is released into the community subject to express requirements and directions from probation and parole officers. Final supervision orders must be for at least 5 years and specify an expiry date. (See sections 13, 16, 17.)\n\n- What supervision typically requires: every supervision order must include core compulsory requirements (for example, not committing further sexual offences, reporting to and accepting visits from probation and parole officers, giving residence/employment details, and not leaving the Territory without permission). Courts may add other requirements. Probation and parole officers can give additional directions (including requiring approved monitoring devices, residence obligations, rehabilitation programmes, limits on contacts or places, alcohol/drug conditions) within statutory limits. (See sections 18–21, 64.)\n\n- Enforcement and breach: contravening a supervision order is a criminal offence (maximum penalty stated in section 46). Police or probation and parole officers who reasonably suspect a contravention can apply for a warrant or summons; the Supreme Court may then consider interim detention, revoke the supervision order and (if satisfied) make a continuing detention order. (See sections 46–49, 52, 58.)\n\n- Medical evidence and victim input: the court may order medical assessments by named medical experts; those experts must prepare reports that include an opinion on the risk of re-offending. The Director of the CVSU must seek victim submissions, and such submissions may be tendered to the court; victims can request non-disclosure to the offender. (See sections 79–82, 83–86.)\n\n- Administrative duties and information-sharing: the Commissioner of Correctional Services must prepare supervision reports for the Attorney-General and must provide information to medical experts and the Attorney-General on request. The Attorney-General has a disclosure duty to disclose relevant material in the civil proceedings. Guidelines and limited authorised disclosures are provided for sharing confidential information where necessary for rehabilitation, risk reduction or safety. (See sections 80, 88–89, 96, 112–112B.)\n\n- Appeals and reviews: decisions under the Act may be appealed to the Court of Appeal (section 102), and final continuing detention orders are subject to periodic review by the Attorney-General (and in limited circumstances by the detainee) at review periods specified in the order (default 2 years). (See sections 65–66, 102–106.)\n\nWhy the Act matters and what it changes mechanically\n\n- Purpose claims in the Act: the Act states its primary object is to enhance protection and safety of victims and the community by allowing control (detention or supervised release) of offenders who pose a serious danger; a secondary object is to provide continuing rehabilitation, care and treatment for those offenders. (See section 3.)\n\n- Testing those claims against concrete mechanisms, costs and trade-offs:\n  - Who pays and who acts: the Attorney-General initiates proceedings and carries the onus of proof for court orders (sections 23, 32). The Commissioner of Correctional Services must prepare reports and supervise supervisees (sections 88, 63). Police and probation and parole officers execute enforcement powers (sections 48–51). The Territory bears administrative costs for court hearings, medical assessments and supervision, while supervisees bear some direct costs (for example being liable to pay to repair or replace damaged monitoring equipment; section 111). (See sections 23, 32, 88, 63, 48–51, 111.)\n  - Incentives and behaviour changes: the Act raises legal and practical costs for qualifying offenders to re-offend (criminal penalty for breach, risk of interim/final detention), creates requirements that change where they can live, work, associate and travel, and authorises monitoring and rehabilitation directions—all enforced by probation and parole officers and the Supreme Court. (See sections 46, 18–21, 52, 58.)\n  - Compliance burden and administrative discretion: supervision requires ongoing case management by correctional services (section 63); probation and parole officers have statutory discretion to give directions within protective and rehabilitative priorities (section 20; section 21 sets the decision factors). The Commissioner must make guidelines for authorised disclosures (section 112A(2)), creating internal administrative rules. These provisions concentrically shift workload to correctional services, the Attorney-General’s office and the CVSU for victim liaison. (See sections 20–21, 63, 112A(2), 26, 27, 83.)\n  - Opportunity costs and resource trade-offs: periodic reviews, medical assessments (by psychiatrists or other prescribed experts) and supervision reports require specialist professionals and court time (see sections 79, 70, 88), which directs public resources to these cases instead of other services. The court can order medical experts and compel evidence (sections 79–81, 80(4)).\n  - Implementation risks and evidentiary structure: the court’s high-degree-of-probability standard for a \"serious danger\" (sections 7 and 95) and heavy reliance on expert medical reports (section 79) make outcomes dependent on the availability, quality and admissibility of psychiatric evidence. Non-cooperation risk is addressed (experts must prepare reports even if the person does not cooperate; section 79(3)), and the court can compel records (section 80(4)).\n  - Effects on private enterprise and markets: direct effects on business are limited in the Act, but there are practical impacts:\n    - demand for medical experts and rehabilitation service providers (section 79);\n    - authorised use of approved monitoring devices creates a regulated market for such devices (see references to \"approved monitoring device\" and powers to require them in section 20(4) and section 64); the supervisee can be charged for damage to equipment (section 111);\n    - restrictions on employment and places a supervisee may attend can affect employers who engage supervisees (section 20(5)(d) and 20(5)(b)).\n  - Speech and privacy constraints: the Act criminalises reckless unauthorised disclosure of confidential information received in connection with the Act (section 112) while allowing tightly defined authorised disclosures for rehabilitation or safety (section 112A). Victim submissions may be kept confidential from the offender unless the victim consents (sections 84–86). These provisions place legal limits on information flows rather than general censorship. (See sections 112–112A, 83–86.)\n\nConcentrated benefits and diffuse costs\n\n- The Act concentrates legal benefits (court supervision powers and, where made, continuing detention) on state actors and victims seeking protection (sections 3, 26, 83). The costs (administrative, clinical assessment, supervision, monitoring) fall on public agencies and on supervisees through compliance obligations and potential criminal liability (sections 63, 79, 111, 46). The Act creates specific procedural avenues (medical reports, supervision reports, victim submissions) that channel resources into individual case management. (See sections 3, 63, 79, 88, 83.)\n\nKey practical features to note (with section references)\n\n- Who decides: the Supreme Court makes final detention or supervision orders; probation and parole officers direct day-to-day supervision; the Attorney-General initiates applications and has disclosure duties. (See sections 31, 20, 23, 96.)\n- Burdens on the person subject to an order: reporting, monitoring devices, residence/employment limits, bans on travel without permission, and criminal penalties for breach. (See sections 18–21, 46.)\n- Indefinite detention option: a final continuing detention order can detain a person indefinitely until revoked by the court. (See section 8(2)(a) and 10(2).)\n- Victim participation: the Director of the CVSU must seek victim submissions in specified proceedings; victims can ask for non-disclosure to the offender. (See sections 26, 83–86.)\n\nOverall mechanical effect\n\nThe Act sets up a court-led civil process (with specified criminal penalties for breaches) that allows the State to seek continuing custody or long-term supervised release of people convicted of defined serious sex offences where, on the evidence and expert opinion, they pose an unacceptable risk of re-offending. It allocates responsibilities to the Attorney-General, the Supreme Court, the Commissioner of Correctional Services, probation and parole officers, medical experts and the Director of the CVSU, defines procedural safeguards (standards of proof, medical assessment, victim submissions, disclosure duties), and provides statutory powers for monitoring and enforcement. (See sections 3, 7, 79, 83, 96, 20, 63, 52–59.)"}},"importantCases":[],"_links":{"self":"/api/acts/serious-sex-offenders-act-2013","history":"/api/acts/serious-sex-offenders-act-2013/history","analysis":"/api/acts/serious-sex-offenders-act-2013/analysis","conflicts":"/api/acts/serious-sex-offenders-act-2013/conflicts","importantCases":"/api/acts/serious-sex-offenders-act-2013/important-cases","documents":"/api/acts/serious-sex-offenders-act-2013/documents"}}