9Determination of application for extended supervision order

#### 9 Determination of application for extended supervision order 9 Determination of application for extended supervision order > > (1) The Supreme Court may determine an application for an extended supervision order— > > > > > (a) by making an extended supervision order, or > > > > > (b) by dismissing the application. > > > (2) In determining whether or not to make an extended supervision order, the safety of the community must be the paramount consideration of the Supreme Court. > > > (2A) (Repealed) > > > (3) In determining whether or not to make an extended supervision order, the Supreme Court must also have regard to the following matters in addition to any other matter it considers relevant— > > > > > (a) (Repealed) > > > > > (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](/view/html/inforce/current/act-2000-042) or the [Child Protection (Offenders Prohibition Orders) Act 2004](/view/html/inforce/current/act-2004-046), > > > > > (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. > > > (4) In determining whether or not to make an extended supervision order in respect of an offender, the Supreme Court is not to consider any intention of the offender to leave New South Wales (whether permanently or temporarily). > > **s 9:** Am 2008 No 53, Sch 9 \[3\]; 2010 No 137, Sch 1 \[5\]–\[8\]; 2013 No 4, Sch 1 \[13\]–\[16\]; 2017 No 54, \[18\]–\[25\]; 2018 No 94, Sch 1.4 \[3\].