(c) the results of any other assessment conducted by a relevant expert of the risk of the offender committing a serious violent or sexual offence, and the level of the offender’s participation in any such assessment;
(d) any report, relating to the extent to which the offender can reasonably and practicably be managed in the community, that has been prepared by:
(i) the relevant State or Territory corrective services; or
(ii) any other person or body who is competent to assess that extent;
(e) any treatment or rehabilitation programs in which the offender has had an opportunity to participate, and the level of the offender’s participation in any such programs;
(f) the level of the offender’s compliance with any obligations to which the offender is or has been subject while:
(i) on release on parole for any serious violent or sexual offence; or
(ii) subject to a community safety order;
(g) the level of the offender’s compliance with any conditions to which a visa that the offender is, or has been, a holder of under the Migration Act 1958 is or has been subject;
(h) the offender’s history of any prior convictions for, and findings of guilt made in relation to, any serious violent or sexual offence;
(i) if information is available about the offender’s history of any prior convictions for, and findings of guilt made in relation to, any serious foreign violent or sexual offence—that information;
(j) the views of the sentencing court at the time any sentence for any serious violent or sexual offence was imposed on the offender;
(k) if information is available about the views of the sentencing court at the time any sentence for any serious foreign violent or sexual offence was imposed on the offender—that information;
(l) whether the offender is subject to any order under a law of a State or Territory that is equivalent to a community safety order, and if so, the conditions of the order;
(m) any other information as to the risk of the offender committing a serious violent or sexual offence.
(2) Subsection (1) does not prevent the Court from having regard to any other matter the Court considers relevant.
(3) To avoid doubt, section 395.27 (civil evidence and procedure rules in relation to community safety order proceedings) applies to the Court’s consideration of the matters referred to in subsections (1) and (2) of this section.
395.12 Making a community safety detention order
(1) A Supreme Court of a State or Territory may make a written order under this subsection if:
(a) an application is made in accordance with section 395.8 for a community safety detention order in relation to a serious offender; and
(b) after having regard to matters in accordance with section 395.11, the Court is satisfied to a high degree of probability, on the basis of admissible evidence, that the offender poses an unacceptable risk of seriously harming the community by committing a serious violent or sexual offence; and
(c) the Court is satisfied that there is no less restrictive measure available under this Division that would be effective in protecting the community from serious harm by addressing the unacceptable risk; and
(d) in a case where the offender is a holder under the Migration Act 1958 of a visa that is subject to conditions—the Court is satisfied that the conditions would not be effective in protecting the community from serious harm by addressing the unacceptable risk.
Note 1: The rules of evidence and procedure for civil matters apply when the Court has regard to matters in accordance with section 395.11, as referred to in paragraph (1)(b) of this section (see subsection 395.11(3) and section 395.27).
Note 2: For paragraph (1)(c), an example of a less restrictive measure that is available under this Division is a community safety supervision order. A Court can make a community safety supervision order under section 395.13 even if a community safety detention order was applied for (see subsection 395.10(1)).
(2) If the Court is not satisfied as mentioned in paragraph (1)(b) or (c) (or both), but is satisfied as mentioned in paragraph (1)(d), then the Court must:
(a) seek the following material from the Immigration Minister:
(i) a copy of the proposed conditions that would be sought for a community safety supervision order in relation to the offender;
(ii) an explanation as to why each of the proposed conditions should be imposed on the offender;
(iii) if the Immigration Minister is aware of any facts relating to why any of those conditions should not be imposed on the offender—a statement of those facts, except any facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the Immigration Minister or any other person); and
(b) consider whether to make a community safety supervision order under section 395.13 in relation to the offender.
Note: A copy of the material must be given to the serious offender under section 395.29.
Onus of satisfying Court
(3) The Immigration Minister bears the onus of satisfying the Court of the matters referred to in paragraphs (1)(b), (c) and (d).
Period of order
(4) The order must specify the period during which it is in force.
Note: The order may be suspended during the period that it is in force if the offender is detained under the Migration Act 1958 (see section 395.41) or detained in custody in a prison other than as a result of the order (see section 395.42).
(5) The period must be a period of no more than 3 years that the Court is satisfied is reasonably necessary to protect the community from serious harm by addressing the unacceptable risk.
Court may make successive community safety detention orders
(6) To avoid doubt, subsection (5) does not prevent a Supreme Court of a State or Territory making a community safety detention order in relation to a serious offender that begins to be in force immediately after a previous community safety detention order in relation to the offender ceases to be in force.
395.13 Making a community safety supervision order
(1) A Supreme Court of a State or Territory may make a written order under this subsection, in accordance with sections 395.14 and 395.15, if:
(a) any of the following applies:
(i) an application is made in accordance with section 395.8 for a community safety supervision order in relation to a serious offender;
(ii) an application is made in accordance with section 395.8 for a community safety detention order in relation to a serious offender, and the Court is not satisfied as mentioned in paragraph 395.12(1)(b) or (c) (or both), but is satisfied as mentioned in paragraph 395.12(1)(d);
(iii) the Court has reviewed under section 395.25 a community safety detention order in relation to a serious offender and the Court is not satisfied as mentioned in paragraph 395.25(6)(a); and
(b) after having regard to matters in accordance with section 395.11, the Court is satisfied on the balance of probabilities, on the basis of admissible evidence, that the offender poses an unacceptable risk of seriously harming the community by committing a serious violent or sexual offence; and
(c) in a case where the offender is a holder under the Migration Act 1958 of a visa that is subject to conditions—the Court is satisfied that the conditions would not be effective in protecting the community from serious harm by addressing the unacceptable risk; and
(d) the Court is satisfied on the balance of probabilities that:
(i) each of the conditions; and
(ii) the combined effect of all of the conditions;
to be imposed on the offender by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from serious harm by addressing the unacceptable risk.
Determining whether conditions are reasonably necessary, appropriate and adapted
(2) For the purposes of paragraph (1)(d), in determining whether each of the conditions to be imposed on the offender by the order is reasonably necessary, and reasonably appropriate and adapted, the Court must take into account, as a paramount consideration in all cases, the object of this Division (see section 395.1).
(3) If the coming into effect of the order would result in the offender being taken to be granted a visa under section 76AA of the Migration Act 1958, then, for the purposes of paragraph (1)(d) of this section, in determining whether each of the conditions to be imposed on the offender by the order is reasonably necessary, and reasonably appropriate and adapted, the Court must take into account the conditions to which the visa would be subject.
Onus of satisfying Court
(4) The Immigration Minister bears the onus of satisfying the Court of:
(a) the matters referred to in paragraphs (1)(b) and (d); and
(b) if paragraph (1)(c) applies—the matters referred to in paragraph (1)(c).
Content of order
(5) The order must:
(a) state that the Court is satisfied of:
(i) the matters mentioned in paragraphs (1)(b) and (d); and
(ii) if paragraph (1)(c) applies—the matters mentioned in paragraph (1)(c); and
(b) specify the name of the offender to whom the order relates; and
(c) specify all of the conditions, and any exemption conditions, that are to be imposed in accordance with section 395.14 or 395.15 on the offender by the order; and
(d) specify the period during which the order is to be in force, which must be a period of no more than 3 years that the Court is satisfied is reasonably necessary to protect the community from serious harm by addressing the unacceptable risk; and
(e) state that the offender’s lawyer may request a copy of the order.
Note: The order may be suspended during the period that it is in force if the offender is detained under the Migration Act 1958 (see section 395.41) or detained in custody in a prison (see section 395.42).
Court may make successive community safety supervision orders
(6) To avoid doubt, paragraph (5)(d) does not prevent a Supreme Court of a State or Territory making a community safety supervision order in relation to a serious offender that begins to be in force immediately after a previous community safety supervision order, or community safety detention order, in relation to the offender ceases to be in force.
Automatic revocation of community safety detention orders etc.
(7) A community safety detention order that is in force in relation to a serious offender is revoked by force of this subsection if:
(a) a Court makes a community safety supervision order in relation to the offender; and
(b) the community safety detention order is in force immediately before the community safety supervision order begins to be in force.
395.14 Conditions of community safety supervision orders
(1) The conditions that a Court may impose on a serious offender by a community safety supervision order are:
(a) any conditions that the Court is satisfied; and
(b) those conditions whose combined effect the Court is satisfied;
on the balance of probabilities, are reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from serious harm by addressing the unacceptable risk of the offender committing a serious violent or sexual offence.
Note: The Court may, under section 395.15, specify conditions from which exemptions may be granted.
(2) If the offender is subject to an order under a law of a State or Territory that is equivalent to a community safety order, the Court must consider the conditions under that State or Territory order in imposing conditions in accordance with subsection (1).
General rules about conditions
(3) To avoid doubt, without limiting subsection 33(3A) of the Acts Interpretation Act 1901, a condition imposed under this section may:
(a) prohibit or restrict specified conduct of the offender, or impose obligations on the offender; or
(b) impose restrictions and obligations on the offender in relation to classes of conduct, and prohibit other classes of that conduct; or
(c) impose different restrictions, obligations and prohibitions in relation to different classes of conduct; or
(d) for conduct that is prohibited by a condition described in a paragraph of subsection (5) of this section—impose restrictions and obligations on the offender in relation to that conduct instead of prohibiting that conduct; or
(e) for conduct described in a paragraph of subsection (5) or (7) of this section—impose different restrictions, obligations and prohibitions in relation to that conduct.
(4) A condition imposed under this section must not require the offender to remain at specified premises for more than 12 hours within any 24 hours.
General conditions
(5) Without limiting this section, the conditions that the Court may impose in accordance with subsection (1) include conditions relating to the following:
(a) that the offender not be present at one or more of the following:
(i) specified areas or places;
(ii) specified classes of areas or places;
(iii) any area or place determined by a specified authority;
(b) that the offender reside at specified premises, and not begin to reside at any other premises without the prior permission of a specified authority;
(c) that the offender remain at specified premises between specified times each day, or on specified days, subject to subsection (4);
(d) that the offender not leave the State or Territory in which the offender’s residence is located;
(e) that the offender not change the offender’s name, or use any name that is not specified in the order;
(f) that the offender not apply for any licence to operate equipment, machinery, a heavy vehicle or a weapon, or any licence to possess a weapon;
(g) that the offender not communicate or associate by any means (including through third parties) with one or more of the following:
(i) specified individuals;
(ii) specified classes of individuals;
(iii) any individuals determined by a specified authority;
(h) that the offender not access or use specified forms of telecommunication or other technology (including the internet);
(i) that the offender not possess or use specified articles or substances;
(j) that the offender not carry out specified activities;
(k) that the offender not engage in one or more of the following:
(i) specified work;
(ii) specified classes of work;
(iii) specified activities relating to specified work or classes of work;
(l) that the offender not in engage in any training or education without the prior permission of a specified authority;
(m) that the offender do any or all of the following:
(i) attend and participate in treatment, rehabilitation or intervention programs or activities;
(ii) undertake psychological or psychiatric assessment or counselling;
as specified in the order or as directed by a specified authority;
(n) that the offender attend and participate in interviews and assessments (including for the purposes of paragraph (m)) as specified in the order or as directed by a specified authority;
(o) that the offender allow the results of the interviews and assessments referred to in paragraph (n), and any other specified information, to be disclosed to a specified authority;
(p) that the offender provide specified information to a specified authority within a specified period or before a specified event;
(q) that the offender comply with any reasonable direction given to the offender by a specified authority in relation to any specified condition (whether or not the condition is imposed in accordance with this subsection).
Note: See also subsection (10) and section 395.2 in relation to references to premises, reside or residence, and work.
(6) If a condition of the order authorises a specified authority to give a direction, the specified authority may give a direction only if the specified authority is satisfied that the direction is reasonable in all the circumstances to give effect to:
(a) the condition; or
(b) the object of this Division (see section 395.1).
Conditions relating to monitoring and enforcement
(7) Without limiting this section, the conditions that the Court may impose in accordance with subsection (1) include conditions relating to the following:
(a) that the offender submit to testing by a specified authority in relation to the possession or use of specified articles or substances;
(b) that the offender allow the offender to be photographed by a specified authority;
(c) that the offender allow impressions of the offender’s fingerprints to be taken by a specified authority;
(d) that the offender be subject to electronic monitoring (for example, by wearing a monitoring device at all times), and comply with directions given by a specified authority in relation to electronic monitoring;
(e) a condition that:
(i) the person carry at all times a specified mobile phone; and
(ii) the person be available to answer any call from a specified authority or, as soon as reasonably practicable, return a call that the person was unable to answer; and
(iii) the person comply with specified directions, or any directions given by a specified authority, in relation to the condition in subparagraph (i) or (ii);
(f) that the offender attend at places, and report to persons, at times, specified:
(i) in the order; or
(ii) by a specified authority;
(g) that the offender allow visits at specified premises from, and entry to specified premises by, a specified authority at any time for the purpose of ensuring the offender’s compliance with a condition imposed in accordance with paragraph (5)(c);
(h) that the offender provide a specified authority with a schedule setting out the offender’s proposed movements for a specified period and comply with that schedule during the period;
(i) that the offender allow any police officer to enter specified premises and: