_A-G (Qld) v Fardon_

Supreme Court of Queensland|2007-10-19|Before: Wilson J

The applicant submits that this should be amended to read -

It is the proposed requirement that the permission be in writing that is contentious.

[34] As Lyons J recorded, the respondent committed offences in 1978 and 1988 under the influence of substances and alcohol. At the time of the application before her Honour he had been drug and alcohol free for 15 years. Continuing abstinence from alcohol and drugs is an important factor in containing the risk of reoffending. As I have said, while he was in the community between December 2006 and July 2007 he was subjected to numerous tests for the presence of alcohol and substances. None of the test results was positive.

[35] It is important that requirements attaching to the respondent's release into the community be practicable and not unduly cumbersome. It is important, too, that a good working relationship be maintained between him and the authorised corrective services officer. The imposition of an impracticable and cumbersome requirement would not be conducive to the maintenance to such a relationship.

[36] Circumstances in which the respondent may wish to visit premises licensed to supply or serve alcohol may arise in a short timeframe in which it would not be possible to obtain prior written consent to his attendance. It would be in his interests and in those of the community for him to be able to seek and obtain permission in person or by telephone before deciding to attend. In short, I am not persuaded that there should be a requirement for prior written permission. I will delete the word "written" from paragraph 3(e) of the draft order.

[37] I am satisfied that these additions to the already onerous requirements imposed by Lyons J will afford adequate protection to the community.

The Court is satisfied that the Respondent has contravened the supervision order made by Lyons J on 8 November 2006;
The respondent be detained in custody until Queensland Corrective Services notifies his solicitors that accommodation suitable for him is available in the community, such notification to be provided no later then 4pm on 31 October 2007;
The requirements of the supervision order made by Lyons J on 8 November 2006 be amended as follows:
- (a) amend requirement (vi) and insert the following underlined words to read:
  - (vi) notify the authorised corrective services officer of the nature of his employment, or offers of employment, the hours of work each day, the name of his employer and the address of the premises where he is employed, such employment not to involve working with children under 16 years of age;
- (b) amend requirement (xi) and insert the following underlined words to read:

(xi) not to initiate or have any direct or indirect contact with a victim of his sexual offences;

(xii) abstain from violations of the law (including the commission of indictable and other offences);

(d) amend requirement (xvi) and insert the following underlined words to read:

(xvi) submit to any form of drug and alcohol testing including both random urinalysis and breath testing as directed by the authorised corrective services officer, the expense of which is to be met by Queensland Corrective Services;

(e) amend requirement (xvii) and insert the following underlined words to read:

(xvii) not visit premises licensed to supply or serve alcohol, without the prior permission of the authorised corrective services officer;

(f) insert new requirement (xxxiii) to read:

(xxxiii) not have any supervised or unsupervised contact with children under 16 years of age except with prior written approval of an authorised corrective services officer. The respondent is required to fully disclose the terms of the order and nature of offences to the guardians and caregivers of the children before any such contact can take place; Queensland Corrective Services may disclose information pertaining to the offender to any such guardians or caregivers and Department of Child Safety in the interests of ensuring the safety of the children;

(g) insert new requirement (xxxiv) to read:

(xxxiv) seek permission and obtain approval from an authorised corrective services officer prior to entering into an employment agreement or engaging in volunteer work or paid or unpaid employment

(xxxv) not reside at a place by way of short term accommodation including overnight stays without the permission of the authorised corrective services officer;

(i) insert new requirement (xxxvi) to read:

(xxxvi) discuss with the authorised corrective services officer a schedule of his planned and proposed activities on a weekly basis or as otherwise directed;

(j) insert new requirement (xxxvii) to read:

(xxxvii) notify the authorised corrective services officer of the make, model, colour and registration number of any vehicle owned by or generally driven by him, whether hired or otherwise obtained for his use;

(k) insert new requirement (xxxviii) to read:

(xxxviii) comply with a curfew direction or monitoring direction.

(l) substitute the words "Queensland Corrective Services" for the words "the Department of Corrective Services" wherever appearing.
(m) amend requirement (iii) by deleting the words following "assessment;" through to the end of the requirement;
(n) amend requirement (xxii) and insert the following underlined words to read:

(xxii) receive intensive support for the first three months after 8 November 2006 and in particular that he receive 30 hours per week support for the first two weeks and that this support gradually reduce over the three months to four hours per week. The details of the Transitional Support Plan are those agreed to between Queensland Corrective Services and the respondent;

[39] A copy of the order of Lyons J of 8 November 2006 as amended by my order today will be annexed to these reasons as subsequently published.

1. Upon release from prison, the respondent be subject to the following conditions until 9 November 2016 or further order of the Court.

i. be under the supervision of an authorised corrective services officer ('the supervising Corrective services officer for the duration of the order;

ii. report to an authorised corrective services officer at the Queensland Corrective Services Probation and Parole Office closest to his place of residence between (9am and 4pm on/or within 24 hours of the day of release from custody and at that time advise the officer of the respondent's current name and address;

iii. reside at all times at a place within the State of Queensland that has received prior approval from a corrective services officer by way of suitability assessment;

iv. report to and receive visits from the supervising corrective services officer at such times and at such frequency as determined by necessary by the supervising corrective services officer;

v. notify the supervising corrective services officer of every change of the prisoner's name at least seven business days before the change occurs;

vi. notify the supervising corrective services officer of the nature of his employment, offers of employment, the hours of work each day, the name of his employer and the address of the premises where he is employed, such employment not to involve working with children under 16 years of age;

vii. notify the supervising corrective services officer of every change of employment at least two business days before the change occurs;

viii. notify the supervising corrective services officer of every change of the respondent's place of residence at least seven business days before the change occurs;

ix. not leave or stay out of the State of Queensland without the written permission of the supervising corrective services officer;

x. not commit any offence of a sexual or violent nature during the period of this order;

xi. not to initiate or have any direct or indirect contact with a victim of his sexual offences;

xii. abstain from violations of the law (including the commission of indictable and other offences);

xiii. abstain from the consumption of alcohol for the duration of this Order;

xiv. abstain from illicit drugs for the duration of this Order;

xv. take prescribed drugs only as directed by a medical practitioner;

xvi. submit to any form of drug and alcohol testing including both random urinalysis and breath testing as directed by the authorised corrective services officer, the expense of which is to be met by Queensland Corrective Services;

xvii. not visit premises licensed to supply or serve alcohol, without the prior permission of the authorised corrective services officer;

xviii. not go unsupervised to a place that houses children, intellectually disabled persons, mentally ill persons or persons with drug misuse difficulties;

xix. attend with a psychiatrist who has been approved by the supervising corrective services officer at a frequency and duration which shall be recommended by the treating psychiatrist, the expense of which is to be met by the Queensland Corrective Services;

xx. receive reintegration counselling from an individual therapist such as an experienced psychologist, psychiatrist, or social worker who is familiar with the needs of discharged long term prisoners and who could assist with any anxiety symptoms which occur and develop strategies to deal with stress that he experiences, the expense of which is to be met by the Department of Corrective Services;

xxi. receive specific counselling from an individual therapist such as an experienced psychologist, psychiatrist or social worker in relation to remaining abstinent from alcohol and drugs, the expense of which is to be met by the Department of Corrective Services;

xxii. receive intensive support for the first three months after 8 November 2006 and in particular that he receive 30 hours per week support for the first two weeks and that this support gradually reduce over the three months to four hours per week. The details of the Transitional Support Plan are those agreed to between Queensland Corrective Services and the respondent;

xxiii. permit any treating psychiatrist, psychologist or counsellor to disclose details of medical treatment and opinions relating to his level or risk of re-offending and compliance with this Order to Queensland Corrective Services if such request is made in writing for the purposes of updating or amending the supervision order and/or ensuring compliance with this Order;

xxiv. attend any program, course, psychologist or counsellor, in a group or individual capacity, as directed by the treating psychiatrist and the supervising corrective services officer, the expense of which is to be met by the Queensland Corrective Services;

xxv. agree to undergo medical testing or treatment (including the testing of testosterone levels by an endocrinologist) as deemed necessary by the treating psychiatrist and supervising corrective services officer, and permit the release of the results and details of the testing to the Department of Corrective Services, if such a request is made in writing for the purposes of updating or amending the supervision order, the expense of which is to be met by the Queensland Corrective Services;

xxvi. obey the lawful and reasonable directions of the supervising corrective services officer;

xxvii. respond truthfully to enquiries by the supervising corrective services officer about his whereabouts and movements generally;

xxviii. not join, affiliate with, attend on the premises of or attend at the activities carried on by any club or organisation in respect of which there are reasonable grounds for believing there is either child membership or child participation;

xxix. not visit public parks without prior written permission from the authorised corrective services officer;

xxxi. not establish and maintain contact with children under 16 years of age;

xxxii. not access pornographic images containing photographs or images of children on a computer or on the Internet or in any other format;

xxxiii. not have any supervised or unsupervised contact with children under 16 years of age except with prior written approval of an authorised corrective services officer. The respondent is required to fully disclose the terms of the order and nature of offences to the guardians and caregivers of the children before any such contact can take place; Queensland Corrective Services may disclose information pertaining to the offender to any such guardians or caregivers and Department of Child Safety in the interests of ensuring the safety of the children

xxxiv. seek permission and obtain approval from an authorised corrective services officer prior to entering into an employment agreement or engaging in volunteer work or paid or unpaid employment;

xxxv. not reside at a place by way of short term accommodation including overnight stays without the permission of the authorised corrective services officer;

xxxvi. discuss with the authorised corrective services officer a schedule of his planned and proposed activities on a weekly basis or as otherwise directed;

xxxvii. notify the authorised corrective services officer of the make, model, colour and registration number of any vehicle owned by or generally driven by him, whether hired or otherwise obtained for his use; and

xxxviii. comply with a curfew direction or monitoring direction.

Prisoners (Sexual Offenders) Act 2003

Prisoners (Sexual Offenders) Amendment Act 2007

[18] The Legislature has recognised that such risk can never be completely eliminated. In Attorney-General v Francis [2006] QCA 324 at para 39 the Court of Appeal said of a supervision order under s 13(5)(b) -

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