HER HONOUR: By summons filed on 19 July 2019 and amended on 13 August 2019 the State of New South Wales ("the State") sought, against Kenneth Dickson, orders of various kinds under the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"). The orders sought in the amended summons include interlocutory orders under s 7(4) of the Act, interim orders under ss 10A, 10C and 11 of the Act, final orders under ss 5B, 9(1)(a) and 11 of the Act, and "other orders". Interlocutory orders and interim orders of the kind sought have been made by Johnson J on 27 August 2019: State of New South Wales v Dickson (Preliminary) [2019] NSWSC 1116. Pursuant to s 10C(2) renewal of the interim orders has been made by Bellew J on 19 September 2019 and 17 October 2019. Those orders expired on 19 November 2019.
What remained for determination was the State's application for final and other orders. The orders sought are:
"Final Relief
3 An order:
a. pursuant to s. 5B and s. 9(1)(a) of the Act that the Defendant be subject to an extended supervision order ('the extended supervision order') for a period of 2 years from the date of the order; and
b. pursuant to s. 11 of the Act, directing that the Defendant, for the period of the extended supervision order, comply with the conditions set out in Schedule A to this Summons.
Other orders
4 An order that access to the Court's file for any document shall not be granted to a non-party without leave of a Judge of the Court, and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access."
The application was listed for hearing on 15 November 2019. At the conclusion of the hearing, I made orders in accordance with prayer 3(a) and (b) of the amended summons, and noted the "order" in prayer 4. It remains to explain why I did so.
It is convenient here to set out the relevant legislation, all of which is contained in the Act.
The objects of the Act are stated in s 3 as follows:
3 Objects of Act
(1) The primary object of this Act is to provide for the extended supervision and continuing detention of high risk sex offenders and high risk violent offenders so as to ensure the safety and protection of the community.
(2) Another object of this Act is to encourage high risk sex offenders and high risk violent offenders to undertake rehabilitation.
"Offender" is defined in s 4A as a person who:
(a) is of or above 18 years of age, and
(b) has at any time been sentenced to imprisonment (not including a suspended or quashed sentence) to be served by way of full-time detention or intensive correction in the community … following the person's conviction for a serious offence.
"Serious offence" is defined in s 4 as:
(a) a serious sex offence, or
(b) a serious violence offence.
A "serious sex offence" is defined in s 5, relevantly to include offences under Pt 3, Div 10 of the Crimes Act 1900 (NSW) (which relate to sexual offences against adults and children) where the offence is punishable by imprisonment for 7 years or more (s 5(1)(a)(i)).
A "serious violence offence" is defined in s 5A to include a serious indictable offence constituted by a person engaging in conduct that causes grievous bodily harm with the intention of causing, or being reckless as to causing, grievous bodily harm to another person (s 5A(1)(a)).
By s 5H the State may apply to this Court for an extended supervision order ("ESO") against an offender. By s 5I such an application may be made only in respect of a supervised offender. A "supervised offender" is, relevantly, an offender who, when the application for the order is made, is in custody or under supervision while serving a sentence of imprisonment for a serious offence or for an offence of a sexual nature.
By s 6 an application for an ESO may not be made until the last 9 months of the offender's current custody or supervision and must be supported by documentation that addresses certain matters identified in s 9(3), to which I will come, and includes a report prepared by a qualified psychiatrist, registered psychologist or registered medical practitioner that assesses the likelihood of the offender committing a serious offence.
The operative provision is s 5B which provides:
5B Making of extended supervision orders - unacceptable risk
The Supreme Court may make an order for the supervision in the community of a person (an extended supervision order) if:
(a) the person is an offender who is serving (or who has served) a sentence of imprisonment for a serious offence either in custody or under supervision in the community, and
(b) the person is a supervised offender (within the meaning of section 5I), and
(c) an application for the order is made in accordance with section 5I, and
(d) the Supreme Court is satisfied to a high degree of probability that the offender poses an unacceptable risk of committing another serious offence if not kept under supervision under the order.
Section 7 relevantly provides:
(3) A preliminary hearing into the application is to be conducted by the Supreme Court within 28 days after the application is filed in the Supreme Court or within such further time as the Supreme Court may allow.
(4) If, following the preliminary hearing, it is satisfied that the matters alleged in the supporting documentation would, if proved, justify the making of an extended supervision order, the Supreme Court must make orders:
(a) appointing:
(i) 2 qualified psychiatrists, or
(ii) 2 registered psychologists, or
(iii) 1 qualified psychiatrist and 1 registered psychologist, or
(iv) 2 qualified psychiatrists and 2 registered psychologists,
to conduct separate psychiatric or psychological examinations (as the case requires) of the offender and to furnish reports to the Supreme Court on the results of those examinations, and
(b) directing the offender to attend those examinations.
By s 9(1) the Court may determine an application for an ESO by making such an order or by dismissing the application. By subs (2) of s 9, in determining whether or not to make an ESO the safety of the community must be the paramount consideration.
Subsection (3) of s 9 sets out, non-exhaustively, matters to which the Court must have regard in determining whether or not to make an order. Those matters are:
(b) the reports received from the persons appointed under section 7 (4) to conduct examinations of the offender, and the level of the offender's participation in any such examination,
(c) the results of any other assessment prepared by a qualified psychiatrist, registered psychologist or registered medical practitioner as to the likelihood of the offender committing a further serious offence, the willingness of the offender to participate in any such assessment, and the level of the offender's participation in any such assessment,
(d) the results of any statistical or other assessment as to the likelihood of persons with histories and characteristics similar to those of the offender committing a further serious offence,
(d1) any report prepared by Corrective Services NSW as to the extent to which the offender can reasonably and practicably be managed in the community,
(e) any treatment or rehabilitation programs in which the offender has had an opportunity to participate, the willingness of the offender to participate in any such programs, and the level of the offender's participation in any such programs,
(e1) options (if any) available if the offender is kept in custody or is in the community (whether or not under supervision) that might reduce the likelihood of the offender re-offending over time,
(e2) the likelihood that the offender will comply with the obligations of an extended supervision order,
(f) without limiting paragraph (e2), the level of the offender's compliance with any obligations to which he or she is or has been subject while on release on parole or while subject to an earlier extended supervision order,
(g) the level of the offender's compliance with any obligations to which he or she is or has been subject under the Child Protection (Offenders Registration) Act 2000 or the Child Protection (Offenders Prohibition Orders) Act 2004,
(h) the offender's criminal history (including prior convictions and findings of guilt in respect of offences committed in New South Wales or elsewhere), and any pattern of offending behaviour disclosed by that history,
(h1) the views of the sentencing court at the time the sentence of imprisonment was imposed on the offender,
(i) any other information that is available as to the likelihood that the offender will commit a further serious offence.
By s 10A the Court may make an order for the interim supervision of an offender if it appears that the offender's current custody or supervision will expire before the proceedings are determined and that the matters alleged in the supporting documentation would, if proved, justify the making of an ESO. By subs 10C(1)(a) an interim order must expire not less than 28 days from the day on which it is made. By subs 10C(2) an interim supervision order may be renewed from time to time, but not so as to provide for the supervision of the offender under such an order for periods totalling more than 3 months.
As indicated above, on 27 August 2019, pursuant to s 7(4) Johnson J ordered:
"1. Pursuant to s. 7(4) of the Crimes (High Risk Offenders) Act 2006 ('the Act'):
a. Two qualified psychiatrists or registered psychologists (or a combination of such persons), as agreed between the parties, are appointed to conduct separate examinations of the defendant and to furnish reports on the results of those examinations to the Supreme Court of New South Wales by a date to be fixed.
b. The defendant is directed to attend the examinations in order 1a.
2. Pursuant to s. 10A of the Act the defendant is made the subject of an interim supervision order for a period of 28 days.
3. Pursuant to s. 11 of the Act the defendant is directed to comply with the conditions set out in the schedule to this order for the period of the interim supervision order.
…"
Those orders were renewed by Bellew J on 19 September 2019 and 17 October 2019, in each case for 28 days.
In accordance with s 10C(2) the time during which the order made by Johnson J may be renewed would expire on 27 November 2019.
[3]
Background to the application
Mr Dickson is now 35 years of age. He has a criminal history dating back to 2001, when he was 17. That history has been extensively set out in the judgment of Johnson J and I do not repeat it.
On two separate occasions in 2005 (2 August and 13 September) he committed a series of offences, some of which were extremely serious. The details of those offences are also set out in the judgment of Johnson J which, again, I do not repeat. It is sufficient to note that they included:
malicious wounding in company;
aggravated act of indecency;
detain for advantage occasioning actual bodily harm;
aggravated sexual assault in company;
inflicting actual bodily harm (two counts); and
malicious wounding.
Further offences were taken into account pursuant to Pt 3, Div 3 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
The events of 13 September 2005 gave rise to charges of:
assault with intent to rob;
using an offensive weapon with intent to commit an indictable offence; and
larceny.
Mr Dickson was sentenced to imprisonment for 14 years commencing on 13 September 2005 and expiring on 12 September 2019 with a non-parole period of 10 years and 6 months expiring on 12 March 2016. He was released on parole on 27 June 2019.
There is no issue that the formal requirements of the Act have been met. For example, the application was made on 19 July 2019 at a time when Mr Dickson was, within the meaning of s 5I(2), a "supervised offender". That is because he was serving a sentence of imprisonment (although on parole) for offences of the kind referred to in s 5I (that is, a serious offence or an offence of a sexual nature). Nor is it in issue that the preconditions stated in s 5B(a)-(c) are met.
Accordingly, pursuant to s 5B(d) the Court may make the orders sought if:
… satisfied to a high degree of probability that [Mr Dickson] poses an unacceptable risk of committing another serious offence if not kept under supervision under the order.
"Unacceptable risk" is not defined in the Act. What is encompassed by the concept has been the subject of some consideration in the Common Law Division of this Court and of the Court of Appeal: see, for example, Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57; State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118; State of New South Wales v Pacey [2015] NSWSC 1983.
In Thomas, R A Hulme J considered that the test would be satisfied if:
"20 … there is a risk that the person will commit a serious sex offence which is present to a sufficient degree so that the safety and protection of the community cannot be ensured unless an order is made."
That was cited with approval by Beazley P in Lynn.
[4]
The evidence
The evidence on which the State relies is voluminous and encompasses a considerable amount of history of Mr Dickson's offences and his periods of incarceration. Much of the evidence was before Johnson J in the preliminary hearing, and an account of it can be found in that judgment. It was then, and remains, compelling evidence for the making of interim orders. It remains compelling evidence at the final hearing stage. Indeed, as will shortly appear, it is not in contest that the evidence satisfies the requirements of s 5B. Further evidence specifically with respect to the s 9 considerations is principally to be found in the two expert reports, of Dr Adam Martin, a forensic psychiatrist, and Ms Chelsey Dewson, a forensic psychologist, each of whom was appointed pursuant to the 27 August orders of Johnson J.
Before turning to review those reports, I remind myself that the question to which my attention is directed is whether I ought to be satisfied "to a high degree of probability" that Mr Dickson poses "an unacceptable risk of committing another serious offence if not kept under supervision" under an ESO.
Prior to those reports a number of psychologists in the service of the Department of Corrective Services had reported. These reports were in the preliminary material available to Johnson J. Dr Martin and Ms Dewson had regard to those reports. There is no inconsistency in the numerous opinions expressed.
Both Dr Martin and Ms Dewson recorded similar histories taken from Mr Dickson. He is of Aboriginal descent. He grew up in a dysfunctional family marked by domestic violence, gambling and addiction to prescription medicine. He had been sexually abused by an aunt at the age of four, and again by another person at the age of seven. His school attendance was poor and he was in juvenile justice custody as an adolescent. His older brothers have been incarcerated. He himself has been guilty of domestic violence.
He began consuming alcohol at about 12, frequently binge drinking. He began using illicit drugs at age 15, starting with cannabis and progressing to amphetamines, methylamphetamine and heroin.
He has had some employment in the construction industry. Both Dr Martin and Ms Dewson commented positively on Mr Dickson's engagement in the interviews.
Dr Martin diagnosed substance use disorder which he considered to be "in relative remission in circumstances of control and supervision". He considered Mr Dickson's criminal history to be "consistent with anti-social personality disorder", but did not diagnose a major mental illness.
He concluded:
"Putting the information together, his history of violent and sexual offending on the background of chaotic development, disrupted education, early contact with the criminal justice system, substance use and relationship difficulties put him in a group of people who would be considered at significant and high risk of further offending." (p 13)
and:
"… he has to be considered at significant risk of future violent and sexual offending. Based on his history, it would not be surprising if he were to reoffend." (p 14)
Dr Martin nevertheless noted some "protective factors" including current relative stability.
Before embarking on her "risk assessment" (which she considered to be "subject to several important limitations"), Ms Dewson sounded a note of caution. Predictions of some kinds of uncommon offending is difficult; actuarial risk assessments provide information about groups of individuals, but do not necessarily throw light on the future behaviour of any one individual; they are "limited to the data available and are bound by time", can change as new information becomes available and all have "an appreciable level of error built into them".
Ms Dewson then reviewed previous risk assessments of Mr Dickson and made her own assessment. She concluded that Mr Dickson posed:
a medium risk of violent reoffending (par 89);
a high risk of future spousal abuse (domestic violence) (par 92); and
a "well above average" risk of sexual offending (pars 97 and 104).
Overall, Ms Dewson rated Mr Dickson as in "the moderate-high range for sexual and violent reoffending" (par 110). She concluded:
"116 To Mr Dickson's credit, he appears to have made positive treatment gains and utilised the opportunity in custody to develop vocational skills. He is yet to demonstrate a period of stability in the community, in particular, a protracted period of abstinence from substance use. Given the nature of his offending, it is likely that Mr Dickson will require professional support in the future to maintain a prosocial lifestyle …"
Both Dr Martin and Ms Dewson considered that Mr Dickson's risk could be managed in the community under an ESO.
Prior to the hearing, an outline of submissions on behalf of Mr Dickson was forwarded to the Court. The submissions included concessions that:
1. he is a serious sexual offender and a serious violent offender as defined in s 5 and s 5A of the Act;
2. he is a "supervised offender" for the purposes of s 5(2) of the Act; and
3. he is in the final 9 months of supervision for the purposes of s 6(1) of the Act.
Under the heading "Unacceptable risk" it was submitted:
"Section 5B of the Act provides that the Court can make an extended supervision order in respect of Mr Dickinson [sic] if satisfied to a high degree of probability that he poses an unacceptable risk of committing a serious sex offence or serious violence offence if he is not kept under supervision. Mr Dickinson [sic] does not seek to be heard as to whether the court could be satisfied, to a high degree of probability, that he poses an unacceptable risk of committing a serious sex offence or a serious violence offence unless he is supervised."
Mr Dickson expressly did not challenge the appropriateness of the proposed conditions set out in the document, Schedule A to the amended summons.
The Court is not bound by concessions made on behalf of a person in Mr Dickson's position, and it is necessary that it be satisfied of the four s 5B requirements.
Having read the material presented, I am satisfied that the concessions made by and on behalf of Mr Dickson were properly made. Even without those concessions, and in the absence of argument, I would have been satisfied that the orders sought by the State were appropriate.
Accordingly, at the conclusion of the hearing, I made the following orders:
Pursuant to s 5B and s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006, the Defendant is subject to an extended supervision order ("the extended supervision order") for a period of 2 years from the date of this order.
Pursuant to s 11 of the Act, for the period of the extended supervision order, the Defendant is directed to comply with the conditions set out in the schedule of conditions attached to this order.
The Court notes:
Access to the Court's file for any document shall not be granted to a non-party without leave of a Judge of the Court, and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access.
[5]
SCHEDULE OF CONDITIONS OF SUPERVISION
KENNETH NEVILLE DICKSON
Departmental Supervising Officer (DSO)
Corrective Services NSW (CSNSW)
Part A: Reporting and Monitoring Obligations
Monitoring and Reporting
The defendant must submit to the supervision of CSNSW until the end of the Order.
The defendant must report to the Department Supervising Officer (DSO), being an employee of CSNSW, or any other person being an employee of CSNSW supervising him.
The defendant must comply with any reasonable directions given by his DSO, or their delegate from CSNSW, for the enforcement and implementation of the Order or any conditions of the Order. Where a direction may conveniently be given in writing (or is required to be given in writing), it may be given electronically, including by SMS or other messaging service.
Electronic Monitoring
The defendant must wear electronic monitoring equipment as directed by the DSO or any other person supervising him and when directed to wear such electronic monitoring equipment:
(a) must comply with all instructions given by the DSO or any other persons supervising him in relation to the operation of such equipment, and
(b) must not tamper with or remove such equipment.
Schedule of Movements
If directed, the defendant must provide a weekly plan (called a schedule of movements) and this is to be provided 3 days before it is due to start.
If the defendant wants to change anything in his schedule of movements once it is approved by his DSO, he must tell his DSO about the change 24 hours in advance, unless the DSO approves a shorter period
The defendant must not deviate from his approved schedule of movements except in an emergency.
The defendant must truthfully answer questions from his DSO, or any other person supervising him, about where he is, where he is going and what he is doing, including his compliance with the conditions of this Order.
Part B: Accommodation
The defendant must live at an address or addresses approved by his DSO.
The defendant must be at one of his approved addresses or at an approved overnight visiting address where he may be staying in accordance with condition 12 below, between 9pm and 6am unless other arrangements are approved by his DSO.
The defendant must allow his DSO or any other person supervising him to visit him at any of his approved addresses at any time and, for that purpose, to enter the premises at that address.
(a) Subject to (b) below, the defendant must not spend the night anywhere other than his approved addresses without the approval of his DSO.
(b) Despite (a) above, the defendant may seek approval from his DSO to spend up to two consecutive nights at any other address which has been approved by his DSO as an approved overnight visiting address, subject to the terms of that approval, which may be general or limited as to the number of frequency of visits. Such approval must be sought from the defendant's DSO at least 24 hours in advance of the commencement of the first overnight visit at any such address.
The defendant must promptly notify his DSO of any visitor entering and remaining at his approved address and must not permit any person to stay overnight at his approved address, (other than persons who ordinarily reside at his approved address), to the extent he is lawfully able to exclude that person or persons from the residence, without the prior approval of his DSO.
Part C: Place and travel restrictions
The defendant must not leave New South Wales without the approval of the Commissioner of Corrective Services.
The defendant must surrender any passports held by the defendant to the Commissioner.
The defendant must comply with any reasonable direction from his DSO not to go to a particular place.
Without limiting condition 16 above, without prior approval of his DSO, the defendant must not enter any premises where the defendant knows that persons under 18 ordinarily reside.
Part D: Employment, finance and education
If the defendant is unemployed, the defendant must enter available employment if and as directed by the DSO or make himself available for employment, education, training or participation in a personal development program as directed by the DSO.
The defendant must seek approval from his DSO as soon as possible before commencing any paid employment or volunteer work and must comply with any reasonable direction from his DSO not to engage in particular employment or categories of employment or volunteer work.
The defendant must provide any information relating to his financial affairs, including income and expenditure, if directed by his DSO.
Part E: Drugs and alcohol
The defendant must not possess or use illegal drugs, and he must not possess or use prescription medication other than as prescribed.
The defendant must not consume alcohol unless given prior approval by his DSO and only in the manner approved (approval may be given in a general sense and for consumption to a particular blood/alcohol level, or approval may be given in relation to a particular event).
The defendant must submit to testing for drugs and alcohol as directed by his DSO.
The defendant must not enter any licensed premises, excluding restaurants and cafes, but including hotels, bars, licensed clubs and racecourses, without the approval of his DSO.
The defendant must attend and participate in programmes and courses for drug and alcohol rehabilitation as directed on reasonable notice by his DSO, provided that the direction does not interfere with any employment obligations of the defendant, and must not discharge himself from such programs and courses without prior approval of his DSO.
Part F: Non-association
Association with Children
The defendant must not approach or have contact with anyone who he knows is under 18 unless his DSO tells him he can, and he is with someone who has been approved in writing by his DSO.
Associations with Others (not children)
The defendant must comply with any reasonable direction from his DSO not to associate with a particular person or persons.
The defendant must not associate with any people who he knows or ought reasonably to know are consuming or under the influence of illegal drugs.
The defendant must not knowingly associate with persons whose behaviour the defendant knows, can see or ought reasonably to see, is affected by alcohol.
If the defendant starts an intimate relationship with someone, has a sexual relationship with someone or commences a friendship with a person he has to tell his DSO as soon as practicable the name of that person and truthfully answer any questions that the DSO asks regarding that relationship or friendship.
30A. Having assessed the nature and progress of the relationship or friendship the defendant has with those identified in the above Condition 30, the DSO may tell the person about the defendant's criminal history. The DSO will notify the defendant of the intended disclosure and the defendant must permit it.
The defendant must obtain written permission from the DSO prior to joining or affiliating with any club or organisation.
Part G: Access to the internet and other electronic communication
The defendant must give his DSO a list of all devices, services and applications he uses to communicate with or to access the internet. This includes phones, tablet devices, data storage devices or computers. This includes the details of telephone numbers, service provider account numbers, email addresses or other user names and relevant passwords and codes, used by the defendant and the nature and details of the internet connection, as directed.
The DSO (or another CSNSW employee at the request of the DSO) suspects on reasonable grounds that the defendant may be breaching one of the conditions of this order and believes on reasonable grounds, that to conduct an inspection of the defendant's internet information is likely to confirm or allay that suspicion, the DSO (or another CSNSW employee at the request of the DSO) may remotely inspect any internet account used by the defendant, including the defendant's email addresses, in monitoring compliance with this order.
The defendant must obey any reasonable directions by his DSO about the use of phones, tablet devices, data storage devices, computers and other devices, including any reasonable directions relating to his access to the internet.
The defendant must allow his telephone and/or internet service provider to share information about his accounts with his DSO.
The defendant must provide a list of communication devices and data storage devices in the defendant's possession and advise the DSO of any change to the inventory immediately.
Part H: Search and seizure
If the DSO suspects on reasonable grounds that the defendant may be breaching one of the conditions of this Order and believes on reasonable grounds that a search is likely to confirm or allay that suspicion, the defendant must permit the DSO to conduct a search of the defendant's approved address, or any vehicle in which he is travelling or which is under his effective control, provided that prior to conducting the search, the DSO has informed the defendant of the basis of that suspicion and the intention to conduct the search.
If the DSO suspects on reasonable grounds that the defendant may be breaching one of the conditions of this Order and believes on reasonable grounds that a personal search is likely to confirm or allay that suspicion, the defendant must permit the DSO to conduct a 'pat down search' (i.e. a search confined to those areas of the defendant's body which are clothed) and consent to a search of any article of the defendant's clothing carried by him but not worn, and a search of any bag or other receptacle in his possession, provided that prior to conducting any such search, the DSO has informed the defendant of the basis of that suspicion and of the intention to conduct the search.
Where the DSO believes on reasonable grounds, that anything found in the course of executing a search of the kind comprehended by Conditions 37 and 38 is related to behaviour or conduct associated with an increased risk of the defendant committing a serious offence (as defined), the defendant must submit to that item or those items being seized. If this DSO does not form that belief, the items must not be seized.
The defendant must not attempt to destroy or interfere with any object that is the subject of a search or seizure carried out pursuant to Condition 39 above.
Part I: Personal details and appearance
The defendant must not change his name from "Kenneth Neville Dickson" or "Kenny Neville Dickson" use any other name without the approval of his DSO.
The defendant must not, without the approval of his DSO, use any alias, log-in name, or a name other than "Kenneth Neville Dickson" or "Kenny Neville Dickson" or any other name approved by his DSO, or use any email address other than those known to the DSO under condition 32 above, on any internet site (including social networking sites), or use any email address other than those known to the DSO under condition 32 above, on any internet site (including social networking sites), any online communication applications or any third party sites or applications that requires the user to have a user identification name or log-in email.
The defendant must not significantly change his appearance without the approval of his DSO.
The defendant must let CSNSW photograph him when reasonably requested to do so for the purposes of CSNSW maintaining an accurate image of the defendant's current appearance.
If the defendant changes the details of any current form of identification or obtains further forms of identification, he must provide the DSO with such details.
Part J: Medical intervention and treatment
The defendant must notify his DSO of the identity and address of any healthcare practitioner that he consults.
The defendant must attend all psychological and psychiatric assessments, therapy, support and treatment that his DSO tells him to attend.
The defendant must take all medications that are prescribed to him by his healthcare practitioners.
If the defendant knowingly ceases to take medication that has been prescribed, either on a temporary or permanent basis, the defendant is to notify the DSO within 24 hours of ceasing to take the medication.
The defendant must agree to his healthcare practitioners sharing information with the DSO as to the fact of his attendance at appointments and his overall progress in therapy or counselling including the practitioner's general opinion as to his development of insight into offending risk factors and strategies to abstain from substance abuse.
The defendant must agree to any information being shared between those agencies that are involved in his supervision including, but not limited to, his DSO and CSNSW.
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
Decision last updated: 22 November 2019